From Casetext: Smarter Legal Research

Keane v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 25, 1994
208 A.D.2d 457 (N.Y. App. Div. 1994)

Opinion

October 25, 1994

Appeal from the Supreme Court, New York County (Jane S. Solomon, J.).


The IAS Court properly concluded that plaintiff had failed to establish a prima facie case of negligence. It is well settled that an owner of property owes no duty to pedestrians to remove ice and snow that naturally accumulates upon the sidewalk in front of his premises unless it is shown that the owner made the sidewalk more hazardous (Stewart v. Haleviym, 186 A.D.2d 731). Since there was no showing that either the tenant of the premises or its owners/managing agent created a dangerous condition on the abutting sidewalk or even made any attempt to remove the snow and ice before the accident occurred, those parties could not have been liable (supra, at 732).

Concur — Wallach, J.P., Asch, Rubin and Williams, JJ.


Summaries of

Keane v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 25, 1994
208 A.D.2d 457 (N.Y. App. Div. 1994)
Case details for

Keane v. City of New York

Case Details

Full title:MARY KEANE, Appellant, v. CITY OF NEW YORK et al., Respondents, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 25, 1994

Citations

208 A.D.2d 457 (N.Y. App. Div. 1994)
617 N.Y.S.2d 323

Citing Cases

Williams v. Patrick

In particular, there are triable issues of fact concerning whether defendants owned the sidewalk and, if not,…

WARREN v. ALI

"It is well-settled that an owner of property is under no duty to pedestrians to remove snow and ice that…