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WILSON v. CITY OF NEW YORK

Index No. 150064/15. Appeal No. 14085. Case No. 2020-03114.

195 A.D.3d 534 (2021)

145 N.Y.S.3d 799

2021 NY Slip Op 03931

Beverly Wilson, Appellant, v. City of New York et al., Respondents.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

Argyropoulos & Associates, LLC, Astoria ( Susan Paulovich Keaton of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Elina Druker of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, JJ.

Plaintiff concedes that defendants are not liable for her injuries on the ground that they were negligent in failing properly to clear the sidewalk of snow and ice, because at the time she slipped and fell, there was a storm in progress, and therefore they had no legal duty to begin snow/ice removal efforts (see Herrera v Vargas, 183 A.D.3d 542 [1st Dept 2020]). Instead, in opposition to defendants' motion, plaintiff argues...

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