Alexis v City of New York

Alexis v City of New York 2013 NY Slip Op 07685 Decided on November 19, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 19, 2013
Andrias, J.P., Friedman, Richter, Manzanet-Daniels, Feinman, JJ.
11116 401204/06

[*1]Marie Alexis, Plaintiff-Appellant, The

v

City of New York, Defendant-Respondent, The New York City Housing Authority, Defendant.




Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for
appellant.
Michael A. Cardozo, Corporation Counsel, New York
(Elizabeth I. Freedman of counsel), for respondent.

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered April 19, 2012, which, upon reargument, granted defendant City of New York's motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff tripped and fell on a snow-covered sidewalk abutting a property owned by the City. Contrary to the motion court's conclusion, the City, as owner of the abutting property, which is not a building within the exception for one-to-three family residential properties, owed plaintiff a nondelegable duty
to clear the snow from the sidewalk within a reasonable time (see Administrative Code of City of NY §§ 7-210[b], [c]; Rodriguez v City of New York, 70 AD3d 450 [1st Dept 2010]).

The conflicting meteorological evidence presented by plaintiff and the City raised triable issues of fact as to whether a reasonable time had elapsed between the cessation of the storm and plaintiff's accident (see Mosley v General Chauncey M. Hooper Towers Hous. Dev. Fund Co., [*2]Inc., 48 AD3d 379 [1st Dept 2008]; Powell v MLG Hillside Assoc., 290 AD2d 345 [1st Dept 2002]; see also Garricks v City of New York, 1 NY3d 22 [2003]; Valentine v City of New York, 86 AD2d 381 [1st Dept 1982], affd 57 NY2d 932 [1982]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 19, 2013

CLERK