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

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

DecidedJune 21, 1965

StatusPublished

Cited by1 cases

This text of 24 A.D.2d 496 (McGuire 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

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).

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Opinion

In a negligence action to recover damages for personal injury sustained [497]*497when 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]*497when 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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Bluebook (online)

24 A.D.2d 496, 261 N.Y.S.2d 207, 1965 N.Y. App. Div. LEXIS 3889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcguire-v-city-of-new-york-nyappdiv-1965.

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