Legal Opinion

Abaya v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 14, 1999PublishedCited by 5 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about October 21, 1997, which granted defendants’ motions for summary judgment dismissing the compliant, unanimously affirmed, without costs.

The action was properly dismissed in view of the meteorological evidence showing that within the six-hour period before and four-hour period after plaintiff’s fall, there was a snowfall accumulation of about half an inch, including precipitation at the time of the fall, sub-freezing temperatures, and winds gusting to 24 mph, and in the absence of any evidence showing that any of the…

2Cases cited4 opinions

  1. Simmons v. Metropolitan Life InsuranceNew York Court of Appeals · 1994
  2. Valentine v. City of New YorkNew York Court of Appeals · 1982
  3. Valentine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
  4. Keane v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by5 opinions

  1. DeStefano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  2. Powell v. Cedar Manor Mutual Housing Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Hoenig v. Park Royal Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Krinsky v. FortunatoAppellate Division of the Supreme Court of the State of New York · 2011
  5. Chin v. Borden House CondominiumAppellate Division of the Supreme Court of the State of New York · 2001

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