Whether Or Not A "Weather" Report Suffices

Section 4528 of the Civil Practice Law and Rules categorically provides that: "Any record of the observations of the weather, taken under the direction of the United States Weather Bureau, is prima facie evidence of the facts stated". Curiously, litigation often ensues in which the Courts must determine whether or not proof of weather conditions was established in a legally-cognizable and summarily dispositive manner.

Sikora v. Earth Leasing Property Limited Liability Company, 2014 NY Slip Op 24305 (Sup. Ct. N.Y. Co. decided on October 14, 2014) [Ling-Cohan, J.]; aff'd 2015 NY Slip Op 07918 (App. Div. 1st Dept. decided on October 29, 2015)

Supreme Court stated that:

The main issue before the court was whether climatological records, without an expert affidavit, may be used to establish a prima facie case, entitling defendant to summary judgment in a slip and fall case involving an alleged icy condition. It appears that this issue has not been directly addressed