SMELLEY v. AHMED


3 A.D.3d 559 (2004)

771 N.Y.S.2d 167

CELESTINE SMELLEY, Respondent, v. JIMMIE AHMED, Also Known as JIMMIE STOCKLEY, Appellant.

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

January 26, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff slipped and fell on ice in the middle of a street. Where the defendant engages in snow removal, liability will not result unless it is shown that the defendant, by his or her snow removal operation, made the condition of the street more hazardous (see Plona v City of New York, 289 A.D.2d 215 [2001...

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