| Battaglia v MDC Concourse Ctr., LLC |
| 2020 NY Slip Op 01115 [34 NY3d 1164] |
| February 18, 2020 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, May 20, 2020 |
| Karen L. Battaglia, Appellant, v MDC Concourse Center, LLC, et al., Respondents. |
Decided February 18, 2020
Battaglia v MDC Concourse Ctr., LLC, 175 AD3d 1026, affirmed.
Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for appellant.
Manson & McCarthy, Buffalo (Kelly J. Philips of counsel), for MDC Concourse Center, LLC, and others, respondents.
Chelus Herdzik Speyer & Monte PC, Buffalo (Kevin E. Loftus and Eric W. Marriott of counsel), for R.D. Trucking & Transportation, Inc., respondent.
Memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. In this context, defendants MDC Concourse{**34 NY3d at 1166} Center, LLC; McGuire Development Company, LLC; McGuire Management Company, LLC; and R.D. Trucking & Transportation, Inc. established prima facie their entitlement to judgment as a matter of law by "submitting uncontroverted evidence that a storm was ongoing at the time of [plaintiff]'s fall" (Sherman v New York State Thruway Auth., 27 NY3d 1019, 1021 [2016]). In opposition, plaintiff failed to raise a triable question of fact.
Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman.