SAAVEDRA v. CITY OF NEW YORK

351, 309136/11.

137 A.D.3d 421 (2016)

26 N.Y.S.3d 687

2016 NY Slip Op 01435

PAULO SAAVEDRA, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided March 1, 2016.


Defendant made a prima facie showing that it neither created nor had actual or constructive notice of the specific icy condition alleged to have caused plaintiff's slip and fall. In support of its motion, defendant submitted deposition testimony showing its substantial snow and ice removal efforts in the area of the accident in the days preceding the accident. Defendant also submitted climatological data showing temperature fluctuations above and below freezing in the two...

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