| Alers v La Bonne Vie Org. |
| 2008 NY Slip Op 06782 [54 AD3d 698] |
| September 9, 2008 |
| Appellate Division, Second Department |
| Robert T. Alers, Appellant, v La Bonne Vie Organizationet al., Respondents. |
—[*1] Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger (Max W. Gershweir,New York, N.Y. [Jennifer B. Ettenger], of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Suffolk County (Doyle, J.), dated April 30, 2007, which granted thedefendants' motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff fell in the defendants' parking lot at a time when a snowstorm had been inprogress for approximately eight hours. The plaintiff alleged the cause of his fall was ice that wasbeneath four to five inches of snow, and that the ice existed prior to the storm that was inprogress.
The defendants made a prima facie showing of their entitlement to judgment as a matter oflaw through proof that the storm was in progress at the time of the plaintiff's fall (see DeVito v Harrison House Assoc.,41 AD3d 420 [2007]; Small vConey Is. Site 4A-1 Houses, Inc., 28 AD3d 741 [2006]; Dowden v Long Is. R.R.,305 AD2d 631 [2003]). The plaintiff failed to raise a triable issue of fact as to whether theprecipitation from the storm in progress was not the cause of his fall (see DeVito v Harrison House Assoc.,41 AD3d 420 [2007]).
Contrary to the plaintiff's contention, the proof offered in opposition to the motion forsummary judgment was insufficient to raise a triable issue of fact as to whether the specific icy[*2]condition he alleged was the cause of his fall, as opposed toice in general in the parking lot, existed prior to the storm that was in progress (see Kaplan v DePetro, 51 AD3d730 [2008]; Robinson v Trade LinkAm., 39 AD3d 616 [2007]; Dowden v Long Is. R.R. 305 AD2d 631 [2003]).Florio, J.P., Angiolillo, McCarthy and Dickerson, JJ., concur.