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TCHOUKE v. CITY OF NEW YORK

5262. 305891/11.

158 A.D.3d 412 (2018)

68 N.Y.S.3d 474

2018 NY Slip Op 00608

BERTRAND TCHOUKE et al., Appellants, v. CITY OF NEW YORK, Defendant, and MONTEFIORE MEDICAL CENTER, Respondent.

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

Decided February 1, 2018.

Plaintiff Bertrand Tchouke was injured when, upon exiting his car, which he had parked parallel to the curb, he slipped and fell on an accumulation of snow on ice alongside the sidewalk abutting Montefiore's property. The record establishes, as a matter of law, that Montefiore's conduct was not a proximate cause of plaintiff's injury because, even if, as plaintiff claims, Montefiore negligently failed to clear a path between the...

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