In Perez v. Canale , Enso Perez slipped on a walkway owned and managed by Amelia Canale and other defendants.
While Perez alleged the cement walkway was covered with snow and ice, the defendants' expert established, at the time of Perez's fall, the temperature was "well above freezing" and it was thus "impossible" for there to have been any accumulated snow or ice.
When the Bronx County Supreme Court granted the defendants' request to dismiss the case, Perez appealed to the Appellate Division, First Department, which concurred with the outcome, particularly since Perez couldn't rebut the expert's analysis. (There were no issues which warranted the court's consideration.)
With that, Perez's case evaporated.
To download a copy of the Appellate Division's decision, please use this link: Perez v. Canale