Written by Maurice Recchia | New York Law Journal, May 2016.

Court of Appeals Addresses 'Storm in Progress' Doctrine

The New York Court of Appeals on May 5, 2016, addressed the "storm in progress" doctrine in a case that involved a winter rain storm in progress.

The "storm in progress" doctrine was clearly stated by the Court of Appeals in 2005 in Solazzo v. New York City Transit Authority: "A property owner will not be held liable in negligence for a plaintiffs injuries sustained as a result of an icy condition occurring during an ongoing storm or
for a reasonable time thereafter."