HOOGHUIS v. CITY OF NEW YORK


264 A.D.2d 816 (1999)

696 N.Y.S.2d 183

JOHN HOOGHUIS, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided September 27, 1999.


Ordered that the order is reversed, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

In light of the massive snowfall which began three days prior to the plaintiff's fall, and the additional precipitation which took place only a few hours prior to the plaintiff's fall, the appellants were not negligent in failing to clear all traces...

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