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AULETTA v. CITY OF NEW YORK

22 N.Y.2d 738 (1968)

Louise Auletta et al., Respondents, v. City of New York et al., Defendants, and Gerald Schwartz, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1968.

Attorney(s) appearing for the Case

E. Edan Spencer and Walter Feller for appellant.

Marvin George Florman and Edward Pious for respondents.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and JASEN concur; Judges BURKE and KEATING dissent in part and vote to grant a new trial.

MEMORANDUM.

Plaintiff failed to prove that defendant, by clearing off a 3 or 4-foot path abutting his building line, created an unreasonably dangerous condition for pedestrians which proximately led to plaintiff's accident. Clearing off the path resulted in the creation of a snow bank which stood approximately 8 inches above the natural snowfall. This snow bank, however, presented no foreseeable risk to pedestrians. Defendant...

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