Keane v. City of New York

Full title: MARY KEANE, Appellant, v. CITY OF NEW YORK et al., Respondents, et al.…

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

Date published: Oct 25, 1994

208 A.D.2d 457 (N.Y. App. Div. 1994)

617 N.Y.S.2d 323

Opinion

October 25, 1994

Appeal from the Supreme Court, New York County (Jane S. Solomon, J.).

The IAS Court properly concluded that plaintiff had failed to establish a prima facie case of negligence. It is well settled that an owner of property owes no duty to pedestrians to remove ice and snow that naturally accumulates upon the sidewalk in front of his premises unless it is shown that the owner made the sidewalk more hazardous (Stewart v. Haleviym, 186 A.D.2d 731). Since there was no showing that either the tenant of the premises or its owners/managing agent created a dangerous condition on the abutting sidewalk or even made any attempt to remove the snow and ice before the accident occurred, those parties could not have been liable (supra, at 732).

Concur — Wallach, J.P., Asch, Rubin and Williams, JJ.