In Alvizurez v. North State Realty Associates LLC, the First Department reversed two Bronx County orders and granted summary judgment to the owner and property manager in a lobby stairwell slip-and-fall case. The plaintiff alleged that he slipped on "dirty water" while descending an interior stairwell after snow had fallen earlier that day. The Court held that the defendants established entitlement to summary judgment under the storm-in-progress doctrine through undisputed meteorological evidence showing that the accident occurred no more than 1 hour and 50 minutes after the end of a major winter storm that left more than 18 inches of snow.

What makes this decision worth noting is that the First Department applied the doctrine to an allegedly storm-related wet condition inside the building lobby and stairwell, not merely to exterior snow and ice conditions. The Court also emphasized the notice analysis: the plaintiff testified that he saw no wet condition when he used the stairs approximately 45 minutes earlier, which undercut any claim of constructive notice and supported dismissal on an independent basis. In practical terms, the decision reinforces that where defendants can submit reliable weather data and tie the claimed condition directly to an ongoing or recently ended storm, they may obtain summary judgment even in cases involving interior tracked-in moisture.

For defense counsel, carriers, and premises owners, the case is a useful reminder that prompt development of meteorological proof remains critical, and that plaintiff's testimony about the timing and visibility of the condition can be equally important in defeating notice claims. The ruling reflects the First Department's continued willingness to apply established storm-in-progress principles.