LYNCH v. CITY OF NEW YORK


304 A.D.2d 456 (2003)

757 N.Y.S.2d 726

MADGE LYNCH, 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, First Department.

Decided April 22, 2003.


If, as defendants argue for present purposes, a storm was still in progress at the time of plaintiff's fall during which they sanded and salted only the flight of stairs above the landing, not the flight on which plaintiff fell below the landing, an issue of fact would exist as to whether such partial snow removal gave plaintiff a false sense of security in descending the stairs, thereby increasing the hazard of the snow-covered ice on the lower flight (see Stoller v Riverbay...

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