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ANDERSON v. VERIZON NEW YORK, INC.

Index No. 302504/14. Appeal No. 12867. Case No. 2019-03289.

190 A.D.3d 515 (2021)

135 N.Y.S.3d 837

2021 NY Slip Op 00226

Demoyne Anderson, Appellant, v. Verizon New York, Inc., et al., Defendants, and Cablevision Systems Corporation et al., Respondents.

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

Decided January 14, 2021.

Attorney(s) appearing for the Case

PeÑa & Kahn, PLLC, Bronx ( Eric J. Gottfried of counsel), for appellant.

Lester, Schwab Katz & Dwyer, LLP, New York ( C. Briggs Johnson of counsel), for Cablevision Systems Corporation and Cablevision Systems New York City Corporation, respondents.

Gannon, Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh of counsel), for Beach Lane Management Co., and 1265 Olmstead Avenue, LLC, respondents.

Concur—Manzanet-Daniels, J.P., Gische, Kapnick, Singh, Mendez, JJ.

Plaintiff's attempt to walk through a pile of snow alongside the sidewalk as a shortcut to his parked car, instead of using the portion of the sidewalk that had been cleared of snow and ice, was the sole proximate cause of his accident (see McKenzie v City of New York, 116 A.D.3d 526, 527 [1st Dept 2014]; see also Tzamarot v JP Morgan Chase & Co., 167 A.D.3d 550 [1st Dept 2018], lv...

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