Waddey v. City of New York

Appellate Division of the Supreme Court of New York

Waddey v. City of New York

249 A.D.2d 229, 671 N.Y.S.2d 651, 1998 N.Y. App. Div. LEXIS 4759

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

DecidedApril 30, 1998

StatusPublished

This text of 249 A.D.2d 229 (Waddey 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

Waddey v. City of New York, 249 A.D.2d 229, 671 N.Y.S.2d 651, 1998 N.Y. App. Div. LEXIS 4759 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, Bronx County (Howard Silver, J.), entered July 29, 1992, which, in an action for personal injuries allegedly sustained as a result of the negligence of defendant City in its maintenance of a highway and the negligence of defendant Public Administrator’s deceased in the operation of his vehicle in which plaintiff was a passenger, at the close of plaintiffs case, insofar as appealed from, dismissed plaintiffs complaint and the Public Administrator’s cross claim against the City as a matter of law, unanimously affirmed, without costs.

We agree with the trial court that plaintiff failed to adduce prima facie proof that the City had actual or constructive notice of the persistent accumulation of standing water in an underpass that, having frozen, caused the car in which she was a passenger to skid out of control (see, Baez v City of New York, 236 AD2d 305), or that the City somehow affirmatively created such condition (compare, Cruz v City of New York, 218 AD2d 546, 547-548). Nor is there merit to the Public Administrator’s argument that the jury could have reasonably inferred, from the testimony offered on plaintiffs case, that the dimly lit condition of the underpass was a proximate cause of the accident. Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.

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—Judgment, Supreme Court, Bronx County (Howard Silver, J.), entered July 29, 1992, which, in an action for personal injuries allegedly sustained as a result of the negligence of defendant City in its maintenance of a highway and the negligence of defendant Public Administrator’s deceased in the operation of his vehicle in which plaintiff was a passenger, at the close of plaintiffs case, insofar as appealed from, dismissed plaintiffs complaint and the Public Administrator’s cross claim against the City as a matter of law, unanimously affirmed, without costs.

We agree with the trial court that plaintiff failed to adduce prima facie proof that the City had actual or constructive notice of the persistent accumulation of standing water in an underpass that, having frozen, caused the car in which she was a passenger to skid out of control (see, Baez v City of New York, 236 AD2d 305), or that the City somehow affirmatively created such condition (compare, Cruz v City of New York, 218 AD2d 546, 547-548). Nor is there merit to the Public Administrator’s argument that the jury could have reasonably inferred, from the testimony offered on plaintiffs case, that the dimly lit condition of the underpass was a proximate cause of the accident. Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.

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Bluebook (online)

249 A.D.2d 229, 671 N.Y.S.2d 651, 1998 N.Y. App. Div. LEXIS 4759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waddey-v-city-of-new-york-nyappdiv-1998.

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