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Kwiatkowski v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jan 2, 1945
268 App. Div. 1047 (N.Y. App. Div. 1945)

Opinion

January 2, 1945.


Action to recover damages for injuries sustained by plaintiff by reason of a fall upon an icy sidewalk. Judgment for plaintiff reversed on the law, with costs, and the complaint dismissed on the law, with costs. Findings of fact implicit in the verdict are disaffirmed. The case was presented to the jury on the theory, acquiesced in by the plaintiff, that the City would not be held responsible for the plaintiff's fall unless it occurred more than forty-eight hours after the cessation of the snowfall. The weather bureau meteorological survey, introduced in evidence by the plaintiff herself, showed that more than forty-eight hours had not elapsed after the snow ceased to fall and before plaintiff fell. The prima facie correctness of the weather bureau's reports was not overcome by any substantial evidence to the contrary. If, as contended by plaintiff, the weather reports are not to be regarded as evidence of general weather conditions, there is no credible testimony in the record upon which the jury could have concluded that a period of forty-eight hours had elapsed after the cessation of the snowfall and before she fell. Close, P.J., Hagarty, Johnston, Lewis and Aldrich, JJ., concur.


Summaries of

Kwiatkowski v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jan 2, 1945
268 App. Div. 1047 (N.Y. App. Div. 1945)
Case details for

Kwiatkowski v. City of New York

Case Details

Full title:MARY KWIATKOWSKI, Respondent, v. CITY OF NEW YORK, Appellant

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

Date published: Jan 2, 1945

Citations

268 App. Div. 1047 (N.Y. App. Div. 1945)