Hamill v. City of New York
Opinion of the Court
Judgment, Supreme Court, New York County, entered June 8, 1979, entered upon a verdict awarding plaintiff the sum of $70,000, unanimously reversed, on the law, without costs or disbursements, and the complaint dismissed. No competent evidence on which to predicate a finding of negligence against the city was presented and its motion for a directed verdict should have been granted. Plaintiff had the burden of showing that the city permitted an unusual and dangerous accumulation of ice and snow to remain on the sidewalk where the accident occurred. for an unreasonable period of time, and that such accumulation was the proximate cause of the accident. (Gaffney v City of New York, 218 NY 225; Taylor v City of Yonkers, 105 NY 202,206-210.) At the time of plaintiff’s fall on January 4, 1974 on an icy sidewalk located on Broadway between Duane and Reade Streets, less than four hours had elapsed since the cessation of a sleet and snowstorm which had begun at 1:00 p.m. on January 3. Snow removal operations had been commenced during the course of the storm. Conceding that a jury finding for negligence for failure to remove any accumulation of ice and snow within four hours after the cessation of the January 3 to 4 storm would have been “virtually impossible”, plaintiff attempted to fasten liability on the theory that she had slipped on an accumulation of ice and snow which was the residue from a snowstorm on December 16 to 17, 1973. The evidence does not support such a contention. The city’s expert, a meteorologist, testified, on the basis of data contained in the weather reports, that the ground accumulation of the December 16 to 17 storm had been completely removed by the heavy rains and unseasonably warm temperature of late December, 1973,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.