Appellate Division of the Supreme Court of New York, 2004

Myrow v. City of Poughkeepsie

Appellate Division of the Supreme Court of New York · Decided January 12, 2004

3 A.D.3d 480; 769 N.Y.S.2d 604

Cases that cite this one

11 later published cases cite this decision.

Serebrenik v. Chelsea Apts., LLC (Appellate Division of the Supreme Court of New York 2022)
David v. Chong Sun Lee (Appellate Division of the Supreme Court of New York 2013)
David v. Chong Sun Lee (Appellate Division of the Supreme Court of New York 2013)
Smith v. Christ's First Presbyterian Church (Appellate Division of the Supreme Court of New York 2012)
Lichtman v. Village of Kiryas Joel (Appellate Division of the Supreme Court of New York 2011)
Girardo v. 99-27 Realty, LLC (Appellate Division of the Supreme Court of New York 2009)
Skouras v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2008)
Shannon v. Village of Rockville Centre (Appellate Division of the Supreme Court of New York 2007)
Chaudhry v. East Buffet & Restaurant (Appellate Division of the Supreme Court of New York 2005)
Yannotti v. Four Brothers Homes at Heartland Condominium I (Appellate Division of the Supreme Court of New York 2005)
Lysohir v. County of Suffolk (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Dolan, J.), dated November 19, 2002, which granted the motion of the defendants City of Poughkeepsie and Poughkeepsie Urban Renewal Agency, and the separate motion of the defendants Allright Corporation and Allright New York Parking, Inc., for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs.

The plaintiff Jay R. Myrow was injured when he slipped and fell on some ice in a municipal parking lot. There was no snow on the ground on the morning of the accident, but snow and possibly freezing rain had fallen throughout the afternoon until “early evening.” The accident occurred at around 8:45 p.m. in a portion of the parking lot that had been plowed earlier that day by the defendant City of Poughkeepsie.

It is well settled that the defendants cannot be held liable in negligence for a naturally-occurring icy condition in the parking lot “unless a reasonable amount of time [had] elapsed, subsequent to the cessation of the storm, for taking protective measures” (Chapman v City of New York, 268 AD2d 498 [2000]; see also Dowden v Long Is. R.R., 305 AD2d 631 [2003]). Under the circumstances of this case, there was insufficient time, as a matter of law, to impose liability on any of the defendants for failing to clear the parking lot of naturally-occurring snow and ice (see Wines v City of New York, 283 AD2d 639 [2001]; Whitt v St. John’s Episcopal Hosp., 258 AD2d 648 [1999]; Drevis v City of New York, 257 AD2d 595 [1999]; Fuks v New York City Tr. Auth., 243 AD2d 678 [1997]; Wall v Village of Mineola, 237 AD2d 511 [1997]).

*481The plaintiffs’ farther contention that the City of Poughkeepsie, by undertaking- to remove the snow in the parking lot, either negligently created the hazardous condition or exacerbated the naturally hazardous condition created by the storm, is not supported by any evidence other than their own speculation, which was insufficient to raise a triable issue of fact (see Joseph v Danice Stores of Nostrand Ave., 290 AD2d 536 [2002]; Grau v Taxter Park Assoc., 283 AD2d 551 [2001]; Gibbs v Rochdale Vil., 282 AD2d 706 [2001]).

In light of the foregoing, we need not reach the parties’ remaining contentions. Santucci, J.P., Krausman, Schmidt and Rivera, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.