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CASHWELL v. CITY OF NEW YORK

281 A.D.2d 444 (2001)

721 N.Y.S.2d 556

CAROLYN CASHWELL, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendants.

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

Decided March 12, 2001.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly denied the motions of the defendant City of New York to dismiss for failure to make out a prima facie case. Whether a municipality failed to remove snow within a reasonable period of time is a question for the fact-finder (see, Gonzalez v City of New York, 148 A.D.2d 668, 670). The evidence before the jury was sufficient for it to rationally find...

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