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CHIN v. BORDEN HOUSE CONDOMINIUM

281 A.D.2d 154 (2001)

721 N.Y.S.2d 345

SAM CHIN, Appellant, v. BORDEN HOUSE CONDOMINIUM et al., Respondents. CITIBANK, N. A., Third-Party Plaintiff, v. NEW LIFE CLEANING CONTRACTORS, Third-Party Defendant-Respondent.

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

Decided March 1, 2001.

The action was properly dismissed in view of the meteorological evidence showing that the precipitation ended at about the time plaintiff slipped and fell on the sidewalk, and in absence of any evidence showing that any of defendants had undertaken to remove the newly deposited snow and/or ice (see, Abaya v City of New York, 257 A.D.2d 446). Plaintiff's speculation that defendants' employees may have shoveled snow or ice was insufficient...

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