Staub v. City of New York

Appellate Division of the Supreme Court of New York

Staub v. City of New York

267 A.D. 834, 45 N.Y.S.2d 850, 1944 N.Y. App. Div. LEXIS 5022

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

DecidedJanuary 24, 1944

StatusPublished

Cited by1 cases

This text of 267 A.D. 834 (Staub 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

Staub v. City of New York, 267 A.D. 834, 45 N.Y.S.2d 850, 1944 N.Y. App. Div. LEXIS 5022 (N.Y. Ct. App. 1944).

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Opinion

Action to recover damages for personal injuries suffered by plaintiff as a consequence of the claimed existence of snow and ice on a crosswalk at an intersection in Brooklyn. Judgment for the plaintiff reversed on the law, with costs, and the complaint dismissed on the law, with costs. The plaintiff failed to show actionable negligence where it appeared that the snow and ice upon which she fell were the result of a heavy snowstorm occurring six days prior to the accident, followed by rain and freezing weather, except for short intervals, and also followed by a snowfall twenty-four to forty-eight hours before the accident. (,Balzer v. City of New York, 279 N. Y.'742; Beutlinger v. City of New York, [835]*835281 N. Y. 592; Seltzer V. City of New York, 266 App. Div. 880.) Carswell, Acting P. J., Johnston, Adel, Lewis and Aldrich, JJ., concur.

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Action to recover damages for personal injuries suffered by plaintiff as a consequence of the claimed existence of snow and ice on a crosswalk at an intersection in Brooklyn. Judgment for the plaintiff reversed on the law, with costs, and the complaint dismissed on the law, with costs. The plaintiff failed to show actionable negligence where it appeared that the snow and ice upon which she fell were the result of a heavy snowstorm occurring six days prior to the accident, followed by rain and freezing weather, except for short intervals, and also followed by a snowfall twenty-four to forty-eight hours before the accident. (,Balzer v. City of New York, 279 N. Y.'742; Beutlinger v. City of New York, [835]*835281 N. Y. 592; Seltzer V. City of New York, 266 App. Div. 880.) Carswell, Acting P. J., Johnston, Adel, Lewis and Aldrich, JJ., concur.

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Bluebook (online)

267 A.D. 834, 45 N.Y.S.2d 850, 1944 N.Y. App. Div. LEXIS 5022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/staub-v-city-of-new-york-nyappdiv-1944.

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