Opinion
December 10, 1951.
In an action to recover damages for personal injuries suffered when plaintiff fell from the sidewalk into the roadway, because of the presence of snow and ice on the sidewalk abutting premises owned by appellant, judgment was entered on a jury's verdict in favor of plaintiff against appellant. Judgment reversed on the law, with costs, and the complaint dismissed, with costs. The facts are affirmed. There is no evidence that appellant created a condition on the sidewalk dangerous to pedestrians. The most the evidence shows is that appellant, although removing snow and ice from the sidewalk on several occasions following storms, in the period between the blizzard of December 26, 1947, and the date of the accident, February 7, 1948, failed to remove all snow and ice. ( Zysk v. City of New York, 300 N.Y. 507; Hendley v. Daw Drug Co., 293 N.Y. 790.) Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.