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BRIGHTLEY v. CITY OF NEW YORK

29 A.D.3d 926 (2006)

815 N.Y.S.2d 731

DENISE MUNROE BRIGHTLEY, Respondent-Appellant, v. CITY OF NEW YORK, Appellant-Respondent.

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

May 30, 2006.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Neither the defendant nor the plaintiff established entitlement to judgment as a matter of law. Although a defendant has no duty to remove snow during an ongoing storm, a defendant may be held liable where that party's snow-removal efforts create a hazardous condition or exacerbate a natural hazard created by the storm (see Grillo v Brooklyn Hosp.,

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