Bernstein v. City of New York

I dissent and would reverse and dismiss the complaint.

The plaintiff, while crossing Westchester Avenue in The Bronx on January 15, 1982, was injured when he slipped and fell in the crosswalk. At the trial of his negligence action, he testified that the ground was covered by one-half inch to an inch of snow and initially he did not see what caused his slip. On direct examination, he stated that "a few minutes” later— on redirect he said "ten minutes” later — he pushed his foot around the snow where he had fallen and discovered a patch of ice which he described as two feet "wide” and six inches…