NYCHA Coney Island Houses v. Ramos, 41 Misc. 3d 702 (2013)

Citation: NYCHA Coney Island Houses v. Ramos, 41 Misc. 3d 702 (2013)
Parent Document: NYCHA Coney Island Houses v. Ramos, 41 Misc. 3d 702 (2013)
Jurisdiction: New York (state)
Effective Date: 2013-09-16
Original Source: https://www.courtlistener.com/opinion/6314716/nycha-coney-island-houses-v-ramos/ ↗

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Hurricanes, as well as other “heavy weather occurrences,” have invoked “Act of God”12 defenses13 by those seeking to avoid liability caused by such an occurrence.14 The phrase “act of nature”15 refers to a “natural occurrence over which humans have no control and were not involved in creating the occurrence.”*71216 Since “[a]¡most any inclemency of weather causing property damage is an ‘act of God,’ ”17 the phrase has been limited to “a disturbance of such unanticipated force and severity as would fairly preclude charging a party with responsibility occasioned by that party’s failure to guard against it in the protection of property committed to its custody.”18

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