SIMEON v. CITY OF NEW YORK


41 A.D.3d 344 (2007)

838 N.Y.S.2d 560

VICTOR SIMEON, Appellant, v. CITY OF NEW YORK, Defendant, and NCB ENTERPRISES, INC., et al., Respondents.

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

Decided June 28, 2007.


Plaintiff slipped and fell on the sidewalk abutting the building owned by Tenth Avenue Associates/Horowitz/Saland during a February 2003 snowstorm. Plaintiff testified he did not see which part of the sidewalk he fell on because it was snowing and the walk was already covered by five or six inches of snow. The snowfall was confirmed by climatological records.

An abutting owner in the City of New York bears no liability for the failure to remove snow and ice from a...

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