Pfeffer v. City of New York

Appellate Division of the Supreme Court of New York

Pfeffer v. City of New York

25 A.D.2d 889, 270 N.Y.S.2d 564, 1966 N.Y. App. Div. LEXIS 4078

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

DecidedMay 31, 1966

StatusPublished

Cited by2 cases

This text of 25 A.D.2d 889 (Pfeffer 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

Pfeffer v. City of New York, 25 A.D.2d 889, 270 N.Y.S.2d 564, 1966 N.Y. App. Div. LEXIS 4078 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a negligence action to recover damages for personal injury, loss of services, etc., resulting from a fall on an icy sidewalk, plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered November 22, 1965, in defendant’s favor, upon the court’s dismissal of the complaint at the close of the plaintiffs’ ease. Judgment reversed on the law, without costs, and new trial granted. No questions of fact have been considered. Plaintiffs’ proof showed that the plaintiff Mrs. Pfeffer slipped on a patch of ice covered by light snow. The proof indicated that the ice had existed a minimum of 24 hours and probably considerably longer. Whether the city had adequate opportunity to remove the ice was a question for the jury (Galvano v. City of New York, 285 N. Y. 818; Prince v. City of New York, 21 A D 2d 668; Rosenberg v. City of New York, 256 App. Div. 927, affd. 280 N. Y. 815), as was the question as to whether the existing ice and newly-fallen snow were concurrent causes (Smith v. City of New York, 282 App. Div. 495, affd. 307 N. Y. 843). We are also of the opinion that plaintiffs should have been permitted to elicit from their witness the condition of the sidewalk below Mrs. Pfeffer immediately after she fell and to examine the police officer as to whether his written notes (made at the scene) referred to the existence of ice in front of the premises where Mrs. Pfeffer was injured.

Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injury, loss of services, etc., resulting from a fall on an icy sidewalk, plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered November 22, 1965, in defendant’s favor, upon the court’s dismissal of the complaint at the close of the plaintiffs’ ease. Judgment reversed on the law, without costs, and new trial granted. No questions of fact have been considered. Plaintiffs’ proof showed that the plaintiff Mrs. Pfeffer slipped on a patch of ice covered by light snow. The proof indicated that the ice had existed a minimum of 24 hours and probably considerably longer. Whether the city had adequate opportunity to remove the ice was a question for the jury (Galvano v. City of New York, 285 N. Y. 818; Prince v. City of New York, 21 A D 2d 668; Rosenberg v. City of New York, 256 App. Div. 927, affd. 280 N. Y. 815), as was the question as to whether the existing ice and newly-fallen snow were concurrent causes (Smith v. City of New York, 282 App. Div. 495, affd. 307 N. Y. 843). We are also of the opinion that plaintiffs should have been permitted to elicit from their witness the condition of the sidewalk below Mrs. Pfeffer immediately after she fell and to examine the police officer as to whether his written notes (made at the scene) referred to the existence of ice in front of the premises where Mrs. Pfeffer was injured.

Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

25 A.D.2d 889, 270 N.Y.S.2d 564, 1966 N.Y. App. Div. LEXIS 4078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pfeffer-v-city-of-new-york-nyappdiv-1966.

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