Bidwell v. City of Syracuse

Full title: ANDREA L. BIDWELL, Respondent, v. CITY OF SYRACUSE, Appellant

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

Date published: Dec 22, 1995

222 A.D.2d 1110 (N.Y. App. Div. 1995)

636 N.Y.S.2d 713

Opinion

December 22, 1995

Appeal from the Supreme Court, Onondaga County, Hayes, J.

Present — Green, J.P., Fallon, Callahan, Doerr and Davis, JJ.

Order unanimously affirmed with costs. Memorandum: Plaintiff alleged in her complaint that she slipped and fell on the sidewalk adjacent to defendant's property as the result of defendant's negligence in failing to remove an accumulation of ice and snow. Supreme Court properly granted plaintiff's motion to amend the complaint to allege that defendant caused the dangerous condition of the sidewalk by piling snow at the location where she fell (see, Guest v City of Buffalo, 109 A.D.2d 1080). Defendant has shown no prejudice or surprise attributable to plaintiff's delay in seeking that amendment (see, Guest v City of Buffalo, supra; cf., Camera v Barrett, 144 A.D.2d 515, lv dismissed 74 N.Y.2d 650).