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SMITH v. CITY OF NEW YORK

282 A.D. 495 (1953)

Vincent Smith, Respondent, v. City of New York, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 27, 1953.

Attorney(s) appearing for the Case

Alfred Weinstein of counsel (Seymour B. Quel with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for appellant.

Arthur N. Seiff (Louis Greenfield, attorney), for respondent.

DORE, J. P., CALLAHAN and BOTEIN, JJ., concur in Per Curiam opinion; COHN, J., dissents and votes to reverse and dismiss the complaint in opinion in which BASTOW, J., concurs.

Per Curiam.

The plaintiff was injured on January 1, 1948, at 6:00 P.M. by falling on an accumulation of snow and ice on a sidewalk on West 42nd Street, New York City. This was some 135 hours after the cessation of the blizzard of December 26-27, 1947. The case with respect to the lapse of time differs from Yonki v. City of New York (276 App. Div. 407) where the accident occurred 60 hours after the same storm, and Rapoport v. City of New York ...

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