Walker v. City of New York

Full title: EMMA WALKER et al., Appellants, v. CITY OF NEW YORK et al. Respondents, et…

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

Date published: Jun 29, 1998

251 A.D.2d 653 (N.Y. App. Div. 1998)

676 N.Y.S.2d 483

Opinion

June 29, 1998

Appeal from the Supreme Court, Queens County (Polizzi, J.)

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that as a matter of law the City of New York did not have a reasonable time to clear the snow from "the area where the injured plaintiff fell ( see, Valentine v. City of New York, 86 A.D.2d 381, affd 57 N.Y.2d 932). In addition, the plaintiffs have not presented any evidence to counter the proof submitted by the defendant New York City Transit Authority that it did not own, operate, or control the accident area.

Rosenblatt, J.P., Copertino, Goldstein and Luciano, JJ., concur.