TAM v. CITY OF NEW YORK


257 A.D.2d 613 (1999)

682 N.Y.S.2d 907

PUI FONG TAM, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided January 19, 1999.


Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that, under the particular circumstances presented, "there is a question of fact concerning whether or not the [defendant] City [of New York] had an adequate opportunity to remedy the [snow and ice] condition that allegedly caused the plaintiff's accident". The court was therefore correct in denying the defendant's motion for summary judgment (see generally, Candelier v City of New...

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