Legal Opinion
Smalley v. Bemben
New York Court of Appeals
Decided February 24, 2009PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Unless a statute or ordinance “clearly imposes liability upon” an abutting landowner, only a municipality may be held liable for the negligent failure to remove snow and ice from a public sidewalk (Roark v Hunting, 24 NY2d 470, 475 [1969] [emphasis added]; Jacobs v Pasquale, 281 AD2d 891, 892 [4th Dept 2001]). In 1997, the City of Buffalo amended section 413-50 (A) of its City Code to impose two duties on landowners: (1) removing snow and ice on abutting sidewalks before 9:00 a.m. and (2) making,…
2Cases cited3 opinions
- Roark v. HuntingNew York Court of Appeals · 1969
- Montes v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2002
- Jacobs v. PasqualeAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by32 opinions
- Palka v. Village of OssiningAppellate Division of the Supreme Court of the State of New York · 2014
- David v. Chong Sun LeeAppellate Division of the Supreme Court of the State of New York · 2013
- Schwint v. Bank Street Commons, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Davison v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2012
- Capretto v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2015
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