| Salamone v Midland Ave. Owners Corp. |
| 2009 NY Slip Op 07154 [66 AD3d 422] |
| October 6, 2009 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Salamone et al., Respondents, v Midland Avenue Owners Corp. et al., Appellants, et al., Defendants. |
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Scarcella Law Offices, White Plains (M. Sean Duffy of counsel), for respondents.
Order, Supreme Court, Bronx County (Alan Saks, J.), entered August 21, 2008, which, inter alia, denied defendants-appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
The conflicting testimony of plaintiffs and defendants-appellants' building manager and the certified weather reports from weather stations in the areas around Yonkers, where the accident occurred, raise an issue of fact whether there was a "storm in progress" in Yonkers at the time of the accident (see Krause v City of New York, 152 AD2d 473 [1989], lv denied 76 NY2d 714 [1990]).
We have considered defendants-appellants' argument as to the admissibility of plaintiffs' expert's affidavit and find it unavailing. Concur—Saxe, J.P., Sweeny, Moskowitz, Acosta and Richter, JJ.