Battaglia v MDC Concourse Ctr., LLC, 34 NY3d at 1165 (2020)

2020 NY Slip Op 01115 [34 NY3d 1164]
February 18, 2020
Court of Appeals

[*1]

In the Matter of 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.

{**34 NY3d at 1165} OPINION OF THE COURT

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.