Wechsler v Ave. L., LLC, 2025 NY Slip Op 00347
Property owners in New York often invoke the "storm in progress" rule after a snow-or-ice fall: the law generally doesn't require them to clear snow while the storm is still underway. Wechsler marks the boundary of that defense — and it's an important one for anyone hurt in winter weather.
The storm-in-progress rule, briefly
New York courts recognize that it's unreasonable to demand continuous shoveling mid-blizzard. A property owner is generally allowed a reasonable time after a storm ends to clear snow and ice. A fall that happens during an ongoing storm often fails as a snow-removal claim for exactly that reason.
What the court decided
In Wechsler, the court held that while the storm-in-progress rule may excuse a failure to clear snow, it does not exempt a defendant from liability for building code violations that proximately cause a fall.
In other words: the storm excuses the snow. It does not excuse the building. If a code violation — the kind of defect that exists storm or no storm — is a proximate cause of the injury, the defense doesn't reach it.
Why this distinction matters
Winter falls are rarely about one single cause. A person slips where packed snow meets a defective condition, in poor lighting, without a required handhold. Defendants naturally frame the whole event as "the storm." Wechsler says courts must look deeper: pre-existing violations remain actionable even when the weather is doing its worst.
What this means for you
In plain English: if you fell during a snowstorm, don't assume you have no case. The owner may be off the hook for the snow itself — but not for a defective condition that helped cause your fall.
Practical steps if it happens to you or someone you love: photograph everything (not just the snow — the steps, railing, lighting, surface), get medical attention, and talk to a lawyer promptly, because investigating a defective condition takes time and conditions change fast.
This case note is attorney commentary for general information — it is not legal advice about your situation. Every case turns on its own facts.