ZAYAS v. NEW YORK CITY HOUS. AUTH., 115 A.D.3d 485 (2014)
Court: Supreme Court of New York
Number: innyco20140311318
Visitors: 10
Filed: Mar. 11, 2014
Latest Update: Mar. 11, 2014
Summary: Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered January 4, 2013, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Dismissal of the complaint was proper in this action where plaintiff fell while attempting to climb over a mound of snow that was piled by the curb in an effort to gain access to her parked car. There was a lack of evidence that defendant's snow removal efforts made the sidewalk more dangerous (
Summary: Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered January 4, 2013, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Dismissal of the complaint was proper in this action where plaintiff fell while attempting to climb over a mound of snow that was piled by the curb in an effort to gain access to her parked car. There was a lack of evidence that defendant's snow removal efforts made the sidewalk more dangerous ( s..
More
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered January 4, 2013, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Dismissal of the complaint was proper in this action where plaintiff fell while attempting to climb over a mound of snow that was piled by the curb in an effort to gain access to her parked car. There was a lack of evidence that defendant's snow removal efforts made the sidewalk more dangerous (see Quintana v New York City Hous. Auth., 91 A.D.3d 578 [1st Dept 2012]). Nor is there evidence that any alleged negligence on defendant's part was a proximate cause of plaintiff's accident, where plaintiff testified that she elected to leave the cleared path to climb over the snow mound to get to her car (compare Dillard v New York City Hous. Auth., 112 A.D.3d 504 [1st Dept 2013]).
We have considered plaintiff's remaining arguments and find them unavailing.
Source: Leagle
