ABAYA v. CITY OF NEW YORK


257 A.D.2d 446 (1999)

683 N.Y.S.2d 263

FRANCISCO ABAYA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 14, 1999.


The action was properly dismissed in view of the meteorological evidence showing that within the six-hour period before and four-hour period after plaintiff's fall, there was a snowfall accumulation of about half an inch, including precipitation at the time of the fall, sub-freezing temperatures, and winds gusting to 24 mph, and in the absence of any evidence showing that any of the defendants had undertaken any snow removal efforts in connection with that snowfall before...

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