Pauley v. City of New York

Full title: WILLIAM J. PAULEY, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Mar 13, 1950

276 App. Div. 1018 (N.Y. App. Div. 1950)

Opinion

March 13, 1950.

Present — Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ.

In an action to recover damages for personal injuries suffered by plaintiff when he fell on a subway stairway because of the alleged presence of snow and ice thereon, the complaint was dismissed at the close of plaintiff's case because there was no proof of notice, actual or constructive, to defendant, of the condition which allegedly caused the injuries. Judgment unanimously affirmed, with costs. No opinion.