O'Neil v. City of New York

Appellate Division of the Supreme Court of New York

O'Neil v. City of New York

303 A.D.2d 273, 755 N.Y.S.2d 611, 2003 N.Y. App. Div. LEXIS 2760

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

DecidedMarch 20, 2003

StatusPublished

This text of 303 A.D.2d 273 (O'Neil 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

O'Neil v. City of New York, 303 A.D.2d 273, 755 N.Y.S.2d 611, 2003 N.Y. App. Div. LEXIS 2760 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, New York County (Joan Madden, J.), entered on or about February 14, 2002, which granted defendants-respondents’ motion for summary judgment dismissing the complaint and cross claims against them, unanimously affirmed, without costs.

In this action to recover for injuries alleged sustained by plaintiff when she fell after slipping on snow and/or ice in front of defendants-respondents’ store, summary judgment dismissing the complaint and cross claims against defendants-respondents was properly granted since the record discloses the absence of any triable issue as to whether defendants-respondents even attempted to clear the snow and/or ice from the front of their premises, much less as to whether any such removal by them was negligently performed (see Gaudino v 511 W. 232nd St. Owners Corp., 279 AD2d 272, 273 [2001]). Concur — Mazzarelli, J.P., Sullivan, Ellerin, Friedman and Gonzalez, JJ.

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Order, Supreme Court, New York County (Joan Madden, J.), entered on or about February 14, 2002, which granted defendants-respondents’ motion for summary judgment dismissing the complaint and cross claims against them, unanimously affirmed, without costs.

In this action to recover for injuries alleged sustained by plaintiff when she fell after slipping on snow and/or ice in front of defendants-respondents’ store, summary judgment dismissing the complaint and cross claims against defendants-respondents was properly granted since the record discloses the absence of any triable issue as to whether defendants-respondents even attempted to clear the snow and/or ice from the front of their premises, much less as to whether any such removal by them was negligently performed (see Gaudino v 511 W. 232nd St. Owners Corp., 279 AD2d 272, 273 [2001]). Concur — Mazzarelli, J.P., Sullivan, Ellerin, Friedman and Gonzalez, JJ.

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Bluebook (online)

303 A.D.2d 273, 755 N.Y.S.2d 611, 2003 N.Y. App. Div. LEXIS 2760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneil-v-city-of-new-york-nyappdiv-2003.

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