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Faiz v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 322 (N.Y. App. Div. 1998)

Opinion

October 13, 1998

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


Ordered that the order is affirmed, with costs.

The plaintiff failed to produce any evidence at trial to make the requisite showing that the defendant George Trimis created or exacerbated a hazardous snow and ice condition on the sidewalk abutting his premises. Indeed, the plaintiff herself testified that the area of snow and ice where she fell had not been shoveled, sanded, or salted, and Trimis similarly stated that a photograph of the area indicated that it had not been shoveled. Based on the foregoing evidence, the jury could not have rationally found in favor of the plaintiff and against Trimis ( see generally, McCloud v. Marcantonio, 106 A.D.2d 493), and Trimis was entitled to the dismissal of the complaint insofar as asserted against him ( see, Roark v. Hunting, 24 N.Y.2d 470; Stewart v. Yeshiva Nachlas Haleviym, 186 A.D.2d 731).

O'Brien, J. P., Thompson, Sullivan and Friedmann, JJ., concur.


Summaries of

Faiz v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 322 (N.Y. App. Div. 1998)
Case details for

Faiz v. City of New York

Case Details

Full title:AMINA FAIZ, Appellant, v. CITY OF NEW YORK, Defendant, and GEORGE TRIMIS…

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

Date published: Oct 13, 1998

Citations

254 A.D.2d 322 (N.Y. App. Div. 1998)
678 N.Y.S.2d 647

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