Rodney Sherman, Appellant v. New York State Thruway Authority, Respondent

Summary

The New York Court of Appeals affirmed the Appellate Division’s grant of summary judgment to the New York State Thruway Authority, holding that the storm‑in‑progress doctrine barred liability because precipitation was falling and temperatures were near freezing at the time of the trooper’s slip. The court found no triable issue of fact as to whether a storm was ongoing, so the Authority owed no duty to clear the icy sidewalk. The dissent argued that material factual disputes existed regarding the end of the storm and that summary judgment was therefore improper.