Cantone v. City of New York

Appellate Division of the Supreme Court of New York

Cantone v. City of New York

273 A.D. 864, 76 N.Y.S.2d 623, 1948 N.Y. App. Div. LEXIS 5000

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

DecidedFebruary 16, 1948

StatusPublished

Cited by1 cases

This text of 273 A.D. 864 (Cantone v. City of New York) 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.

Bluebook

Cantone v. City of New York, 273 A.D. 864, 76 N.Y.S.2d 623, 1948 N.Y. App. Div. LEXIS 5000 (N.Y. Ct. App. 1948).

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Opinion

Action to recover damages for personal injuries sustained by plaintiff wife by reason of a fall upon an icy portion of the sidewalk in front of a church at 1142 Herkimer Street, in the borough of Brooklyn. A companion action is brought by the husband for loss of services. The plaintiffs’ proof was to the effect that the snow and ice had not been removed in front of the church for ten days after the snowfall on January 7, 1945. The city contended that the accident was due to a subsequent snowfall which occurred one day before the accident, namely, January 16, 1945, and that therefore the city did not have the opportunity to clear the snow. Plaintiffs had a verdict on which a judgment was entered. The city appeals. Judgment unanimously affirmed, with costs. (Galnano v. City of New York, 285 N. Y. 818; Schoonmaker v. City of New York, 255 App. Div. 714; Williams v. City of New York, 214 N. Y. 259; Larson V. City of New York, 145 App. Div. 619; Johnson v. City of Buffalo, 178 App. Div. 295.) Present — Lewis, P. J., Carswell, Adel, Sneed and Wenzel, JJ.

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Action to recover damages for personal injuries sustained by plaintiff wife by reason of a fall upon an icy portion of the sidewalk in front of a church at 1142 Herkimer Street, in the borough of Brooklyn. A companion action is brought by the husband for loss of services. The plaintiffs’ proof was to the effect that the snow and ice had not been removed in front of the church for ten days after the snowfall on January 7, 1945. The city contended that the accident was due to a subsequent snowfall which occurred one day before the accident, namely, January 16, 1945, and that therefore the city did not have the opportunity to clear the snow. Plaintiffs had a verdict on which a judgment was entered. The city appeals. Judgment unanimously affirmed, with costs. (Galnano v. City of New York, 285 N. Y. 818; Schoonmaker v. City of New York, 255 App. Div. 714; Williams v. City of New York, 214 N. Y. 259; Larson V. City of New York, 145 App. Div. 619; Johnson v. City of Buffalo, 178 App. Div. 295.) Present — Lewis, P. J., Carswell, Adel, Sneed and Wenzel, JJ.

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Bluebook (online)

273 A.D. 864, 76 N.Y.S.2d 623, 1948 N.Y. App. Div. LEXIS 5000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cantone-v-city-of-new-york-nyappdiv-1948.

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