From Casetext: Smarter Legal Research

Mandel v. City of New York

Court of Appeals of the State of New York
Jul 6, 1978
44 N.Y.2d 1004 (N.Y. 1978)

Opinion

Argued May 31, 1978

Decided July 6, 1978

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, DOROTHY E. KENT, J.

Arthur N. Seiff for appellant.

Allen G. Schwartz, Corporation Counsel (Paul T. Rephen and Bernard Burstein of counsel), for City of New York, respondent.

Sidney A. Schwartz and John T. McDonald for Paul Wiener, respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff's proof, viewed in its most favorable light, fails to disclose that under the circumstances present here, the City of New York was negligent in permitting the extraordinary snowfall to exist for an unreasonable period of time or that it had a reasonable opportunity to remedy the condition (Reutlinger v City of New York, 281 N.Y. 592; Schlausky v City of New York, 41 A.D.2d 156, 158). Nor was there adequate proof adduced at trial from which a jury could impose liability on defendant landlord since there was no showing that he created a dangerous condition or that the shoveling actually made the existing mass of snow any more dangerous than it had been previously (Cardoza v Sheiner, 33 A.D.2d 663, affd 26 N.Y.2d 897).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order affirmed.


Summaries of

Mandel v. City of New York

Court of Appeals of the State of New York
Jul 6, 1978
44 N.Y.2d 1004 (N.Y. 1978)
Case details for

Mandel v. City of New York

Case Details

Full title:EDNA MANDEL, Appellant, v. CITY OF NEW YORK et al., Respondents

Court:Court of Appeals of the State of New York

Date published: Jul 6, 1978

Citations

44 N.Y.2d 1004 (N.Y. 1978)
408 N.Y.S.2d 342
380 N.E.2d 173

Citing Cases

Zawacki v. Town of North Hempstead

The plaintiff Martha Zawacki was allegedly injured when she tripped and fell on the sidewalk which abutted…

Yeung v. Selfhelp (KIV) Assocs., L.P.

A defendant has constructive notice of a hazardous condition on property when the condition is visible and…