McKenzie v. City of New York
Cases that cite this one
6 later published cases cite this decision.
- Anderson v. Verizon New York, Inc. (Appellate Division of the Supreme Court of New York 2021)
- Anderson v. Verizon New York, Inc. (Appellate Division of the Supreme Court of New York 2021)
- Tchouke v. City of New York (Appellate Division of the Supreme Court of New York 2018)
- Polomski v. Deluca (Appellate Division of the Supreme Court of New York 2018)
- Tzamarot v. JP Morgan Chase & Co. (Appellate Division of the Supreme Court of New York 2018)
- Lausell v. City of New York (Appellate Division of the Supreme Court of New York 2017)
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
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered March 12, 2013, which, insofar as appealed from, denied the motion of defendant New York City Housing Authority (NYCHA) for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of NYCHA dismissing the complaint as against it.
After checking on a relative’s parked car, plaintiff William McKenzie slipped and fell as he attempted to climb over a two-foot-high mound of plowed snow that covered the curb between the street and the sidewalk abutting defendant NYCHA’s property. A NYCHA employee had cleared a snow-free path on the sidewalk, causing the snow to pile up along the curb. However, plaintiff acknowledged that unimpeded access to the sidewalk from the street was available at the nearest street corner, where the curb cut-out had been cleared of snow. Plaintiff acknowledged that, although he could have walked the four or five car-lengths from his relative’s car to the cleared cut-out at the corner, he chose instead to attempt to navigate the two-foot-high mound of snow adjacent to the car because “[i]t was the shortest way to get [to the sidewalk].”
Finally, no triable issue arises from a nonparty witness’s testimony that there was ice on the stretch of the street that plaintiff would have traversed had he walked from the car to the street corner, because NYCHA had no responsibility for the condition of the street. Concur — Friedman, J.E, Renwick, Freedman and Feinman, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.