PALOPOLI v. CITY OF NEW YORK


305 A.D.2d 388 (2003)

759 N.Y.S.2d 169

PHYLLIS PALOPOLI et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided May 5, 2003.


Ordered that the order is reversed, on the law, with one bill of costs, the motions are granted, and the complaint is dismissed.

Each defendant made out a prima facie case for summary judgment. The injured plaintiff slipped and fell while walking on a public sidewalk abutting the property of the defendant Cheng Zhong Cai during an ongoing snowstorm. The defendant City of New York was under no duty to remove snow and ice from the subject sidewalk during the storm ...

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