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SCHOENHERR v. ERNEST SEUSS REALTY CORP.

206 A.D.2d 358 (1994)

614 N.Y.S.2d 54

John Schoenherr, Appellant, v. Ernest Seuss Realty Corp. et al., Defendants, and City of New Rochelle, Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 5, 1994

Ordered that the order is affirmed, with costs.

The plaintiff claimed that he slipped and fell on ice in a curb cut abutting the defendant North Avenue Car Wash, Inc. (hereinafter the car wash). The icy condition was allegedly caused by water runoff from the car wash's lot. A cause of action sounding in negligence was asserted against the defendant City of New Rochelle (hereinafter the City) on the ground that it allowed construction of the curb cut without making...

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