KATZ v. CITY OF NEW YORK


11 A.D.3d 391 (2004)

784 N.Y.S.2d 45

BETTY E. KATZ, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

October 26, 2004.


The certified meteorological records adduced by defendant City established that after a series of snowfalls in the subject area, the last of which occurred five days before plaintiff's alleged fall on a patch of sidewalk ice, there was a two-day thaw directly followed by a sharp temperature drop in the hours immediately preceding plaintiff's accident. This evidence, in combination with testimony to the effect that the hazard had...

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