Pui Fong Tam v. City of New York
Opinion of the Court
—In a negligence action to recover dam
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that, under the particular circumstances presented, “there is a question of fact concerning whether or not the [defendant] City [of New York] had an adequate opportunity to remedy the [snow and ice] condition that allegedly caused the plaintiffs accident”. The court was therefore correct in denying the defendant’s motion for summary judgment (see generally, Candelier v City of New York, 129 AD2d 145; Krause v City of New York, 152 AD2d 473; cf, Canario v City of New York, 246 AD2d 618; Martinez v Columbia Presbyt. Med. Ctr., 238 AD2d 286). Bracken, J. P., Ritter, Santucci and Altman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.