McGuire v. City of New York

Appellate Division of the Supreme Court of New York

McGuire v. City of New York

24 A.D.2d 496, 261 N.Y.S.2d 207, 1965 N.Y. App. Div. LEXIS 3889

Appellate Division of the Supreme Court of the State of New York·Decided June 21, 1965·Published·Cited by 1 cases

Opinion

In a negligence action to recover damages for personal injury sustained [497] when plaintiff slipped and fell on a patch of ice on a city sidewalk, the defendant City of New York appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County, entered July 18, 1963 after trial, upon a jury’s verdict, as awarded damages in the plaintiff’s favor against it. Judgment, insofar as appealed from, reversed on the law and the facts, without costs, and complaint against the city dismissed on the law, without costs. In our opinion, plaintiff failed to establish that the patch of ice upon which he slipped was dangerous or unusual or exceptional (cf. Williams v. City of New York, 214 N. Y. 259, 264). We also find that plaintiff offered insufficient proof to show either: (a) notice to the city of the alleged icy condition; or (b) assuming constructive notice, a reasonable time thereafter to enable the city to remedy the condition (cf. Owen v. City of New York, 141 App. Div. 217, 221). Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injury sustained [497] when plaintiff slipped and fell on a patch of ice on a city sidewalk, the defendant City of New York appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County, entered July 18, 1963 after trial, upon a jury’s verdict, as awarded damages in the plaintiff’s favor against it. Judgment, insofar as appealed from, reversed on the law and the facts, without costs, and complaint against the city dismissed on the law, without costs. In our opinion, plaintiff failed to establish that the patch of ice upon which he slipped was dangerous or unusual or exceptional (cf. Williams v. City of New York, 214 N. Y. 259, 264). We also find that plaintiff offered insufficient proof to show either: (a) notice to the city of the alleged icy condition; or (b) assuming constructive notice, a reasonable time thereafter to enable the city to remedy the condition (cf. Owen v. City of New York, 141 App. Div. 217, 221). Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

McGuire v. City of New York, 24 A.D.2d 496, 261 N.Y.S.2d 207, 1965 N.Y. App. Div. LEXIS 3889 (N.Y. Ct. App. 1965).

Pincite

24 A.D.2d 496 (McGuire v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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