Appellate Division of the Supreme Court of New York, 1944

Staub v. City of New York

Staub v. City of New York
Appellate Division of the Supreme Court of New York · Decided January 24, 1944
267 A.D. 834; 45 N.Y.S.2d 850; 1944 N.Y. App. Div. LEXIS 5022
Staub v. City of New York

Opinion of the Court

Action to recover damages for personal injuries suffered by plaintiff as a consequence of the claimed existence of snow and ice on a crosswalk at an intersection in Brooklyn. Judgment for the plaintiff reversed on the law, with costs, and the complaint dismissed on the law, with costs. The plaintiff failed to show actionable negligence where it appeared that the snow and ice upon which she fell were the result of a heavy snowstorm occurring six days prior to the accident, followed by rain and freezing weather, except for short intervals, and also followed by a snowfall twenty-four to forty-eight hours before the accident. (,Balzer v. City of New York, 279 N. Y.'742; Beutlinger v. City of New York, *835281 N. Y. 592; Seltzer V. City of New York, 266 App. Div. 880.) Carswell, Acting P. J., Johnston, Adel, Lewis and Aldrich, JJ., concur.

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