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Alexis v. City of New York

Supreme Court of New York, First Department

November 19, 2013

Marie Alexis, Plaintiff-Appellant, The
v.
City of New York, Defendant-Respondent, The New York City Housing Authority, Defendant.

Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.

Andrias, J.P., Friedman, Richter, Manzanet-Daniels, Feinman, JJ.

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered April 19, 2012, which, upon reargument, granted defendant City of New York's motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff tripped and fell on a snow-covered sidewalk abutting a property owned by the City. Contrary to the motion court's conclusion, the City, as owner of the abutting property, which is not a building within the exception for one-to-three family residential properties, owed plaintiff a nondelegable duty to clear the snow from the sidewalk within a reasonable time (see Administrative Code of City of NY §§ 7-210[b], [c]; Rodriguez v City of New York, 70 A.D.3d 450 [1st Dept 2010]).

The conflicting meteorological evidence presented by plaintiff and the City raised triable issues of fact as to whether a reasonable time had elapsed between the cessation of the storm and plaintiff's accident (see Mosley v General Chauncey M. Hooper Towers Hous. Dev. Fund Co., Inc., 48 A.D.3d 379 [1st Dept 2008]; Powell v MLG Hillside Assoc., 290 A.D.2d 345 [1st Dept 2002]; see also Garricks v City of New York, 1 N.Y.3d 22 [2003]; Valentine v City of New York, 86 A.D.2d 381 [1st Dept 1982], affd 57 N.Y.2d 932 [1982]).


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