Brown v. City of New York

Full title: RICHARD BROWN, appellant, v. CITY OF NEW YORK, defendant. FOUR SONS REALTY…

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

Date published: Oct 4, 1999

265 A.D.2d 284 (N.Y. App. Div. 1999)

696 N.Y.S.2d 69

Opinion

Submitted June 9, 1999

October 4, 1999

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

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The respondents established their entitlement to judgment as a matter of law. The plaintiff's unsupported claim that he slipped on ice under freshly-fallen snow is insufficient to establish a prima facie case of negligence in the absence of any proof of the existence of the allegedly icy condition or proof that the respondents had notice or sufficient time to remedy that condition ( see, Bernstein v. City of New York, 69 N.Y.2d 1020; Baum v. Knoll Farm, 259 A.D.2d 456; [2d Dept., Mar. 1, 1999]; Fuks v. New York City Tr. Auth., 243 A.D.2d 678; Grillo v. New York City Tr. Auth., 214 A.D.2d 648).

O'BRIEN, J.P., RITTER, JOY, ALTMAN, and SMITH. JJ., concur.