Kelly v. City of New York

Action to recover damages for injuries sustained by plaintiff’s intestate, resulting in his death, by reason of a fall upon an icy sidewalk. Judgment for plaintiff reversed on the law, with costs, and complaint dismissed, with costs. This accident occurred approximately twenty-eight hours after the termination of a three-day snowstorm, resulting in a snowfall of approximately seventeen inches, and, during that interim, the temperature remained at fifteen degrees or lower. Under such circumstances the defendant could not be held liable for failure to remove the snow and ice resulting from that…