McCULLAGH v. CITY OF NEW YORK

2019-13077. Index No. 702006/15.

201 A.D.3d 714 (2022)

156 N.Y.S.3d 909

2022 NY Slip Op 00173

William McCullagh, Respondent, v. City of New York, Appellant.

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

Decided January 12, 2022.


Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York, NY ( Claude S. Platton and Kate Fletcher of counsel), for appellant.

Parker Waichman LLP, Port Washington, NY ( Jay L. T. Breakstone and Stephenie L. Bross of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Ford and Dowling, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against the defendant to recover damages for personal injuries he allegedly sustained when he slipped and fell on ice on a walkway leading to the rear entrance of the Queens County Criminal Court. The defendant moved for summary judgment dismissing the complaint, contending, inter alia, that the storm in progress rule applied and that it neither created nor had notice of the ice condition...

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