Legal Opinion
Cruz v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 1965Published
1Opinion of the Court
Judgment dismissing the complaint at the close of plaintiff’s case affirmed, with $50 costs to respondent. The United States Weather Bureau Report for December 11, 1960 shows a snowfall of 3.1 inches; for December 12, 1960, 13.9 inches; and for December 19, 1960, the day of the accident, 1.3 inches — a total of 18.3 inches. The report also shows that during the period from December 11, 1960 until the day of the accident, with the exception of December 15 and 16, 1960, the temperatures were consistently below freezing. Plaintiff testified that on December 19, 1960, he fell on a patch of ice 2%…
2Cases cited5 opinions
- Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
- Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Smith v. City of New YorkNew York Court of Appeals · 1954
- Kolasky v. City of New YorkNew York Court of Appeals · 1942
- Winckler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908