VERGARA v. CITY OF NEW YORK


304 A.D.2d 750 (2003)

760 N.Y.S.2d 65

ELVA VERGARA, Respondent, v. CITY OF NEW YORK, Defendant, and ANTHONY SCARFOGLIERO, Appellant.

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

Decided April 21, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant.

The plaintiff slipped and fell while walking on a public sidewalk abutting the property of the defendant owner Anthony Scarfogliero. An owner of real property is under no obligation to remove snow and ice that naturally accumulates upon the sidewalk that abuts his or her property, and...

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