SWARTZ v. LIBERATORE

Order unanimously reversed, on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Sharon Swartz (plaintiff) when she slipped and fell on snow and ice in the parking lot of defendants' apartment complex. Supreme Court erred in denying defendants' motion for summary judgment dismissing the complaint. Defendants established their entitlement to judgment as a matter of law by submitting proof that there was a snow storm in progress at the time of the accident. Defendants "had no duty to take corrective action during the progress of the storm" ( Siegel v. Molino, 236 A.D.2d 879). Plaintiffs failed to raise a triable issue of fact whether the ice on which plaintiff fell had accumulated prior to the storm ( see, Jensen v. Roohan, 233 A.D.2d 587; see also, Krutz v. Betz Funeral Home, 236 A.D.2d 704, lv denied 90 N.Y.2d 803; Ruck v. ISS Intl. Serv. Sys., 236 A.D.2d 702).