Mathesen v. City of New York

Full title: ELLEN MATHESEN, Respondent, v. CITY OF NEW YORK, Appellant

Court: Supreme Court, Appellate Term, Second Department

Date published: Apr 24, 1947

188 Misc. 1018 (N.Y. App. Term 1947)

72 N.Y.S.2d 437

Opinion

April 24, 1947.

Appeal from the City Court of the City of New York, Kings County, SABBATINO, J.

Charles E. Murphy, Corporation Counsel ( David M. Fuchs and Seymour B. Quel of counsel), for appellant.

Samuel J. Jacobson for respondent.

MEMORANDUM

Per Curiam.

In determining whether reasonable care has been used by the city in clearing streets and walks after a snowfall, it is proper to consider the amount of snow required to be moved, the number of miles of sidewalk and roadway, the means and methods used to remove the snow and the condition of the sidewalks in the immediate vicinity. It was error to exclude evidence as to these matters. (See Reutlinger v. City of New York, 255 A.D. 848, affd. 281 N.Y. 592; Shyatt v. City of New York, 283 N.Y. 709. )

The judgment should be unanimously reversed upon the law and new trial granted, with costs to defendant to abide the event.

MACCRATE, STEINBRINK and COLDEN, JJ., concur.

Judgment reversed, etc.