Bidwell v. City of Syracuse

Appellate Division of the Supreme Court of New York

Bidwell v. City of Syracuse

222 A.D.2d 1110, 636 N.Y.S.2d 713, 1995 N.Y. App. Div. LEXIS 14233

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 22, 1995

StatusPublished

This text of 222 A.D.2d 1110 (Bidwell v. City of Syracuse) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bidwell v. City of Syracuse, 222 A.D.2d 1110, 636 N.Y.S.2d 713, 1995 N.Y. App. Div. LEXIS 14233 (N.Y. Ct. App. 1995).

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Opinion

—Order unanimously affirmed with costs. Memorandum: Plaintiff alleged in her complaint that she slipped and fell on the sidewalk adjacent to defendant’s property as the result of defendant’s negligence in failing to remove an accumulation of ice and snow. Supreme Court

[1111]*1111properly granted plaintiffs motion to amend the complaint to allege that defendant caused the dangerous condition of the sidewalk by piling snow at the location where she fell (see, Guest v City of Buffalo, 109 AD2d 1080). Defendant has shown no prejudice or surprise attributable to plaintiffs delay in seeking that amendment (see, Guest v City of Buffalo, supra; cf., Camera v Barrett, 144 AD2d 515, lv dismissed 74 NY2d 650). (Appeal from Order of Supreme Court, Onondaga County, Hayes, J. — Amend Complaint.) Present — Green, J. P., Fallon, Callahan, Doerr and Davis, JJ.

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—Order unanimously affirmed with costs. Memorandum: Plaintiff alleged in her complaint that she slipped and fell on the sidewalk adjacent to defendant’s property as the result of defendant’s negligence in failing to remove an accumulation of ice and snow. Supreme Court

[1111]*1111properly granted plaintiffs motion to amend the complaint to allege that defendant caused the dangerous condition of the sidewalk by piling snow at the location where she fell (see, Guest v City of Buffalo, 109 AD2d 1080). Defendant has shown no prejudice or surprise attributable to plaintiffs delay in seeking that amendment (see, Guest v City of Buffalo, supra; cf., Camera v Barrett, 144 AD2d 515, lv dismissed 74 NY2d 650). (Appeal from Order of Supreme Court, Onondaga County, Hayes, J. — Amend Complaint.) Present — Green, J. P., Fallon, Callahan, Doerr and Davis, JJ.

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222 A.D.2d 1110, 636 N.Y.S.2d 713, 1995 N.Y. App. Div. LEXIS 14233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bidwell-v-city-of-syracuse-nyappdiv-1995.

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