Legal Opinion

Donovan v. Kane

New York Supreme Court

Decided December 27, 1947PublishedCited by 2 opinions

1Opinion of the CourtDeyo, J.

The action is for personal injuries suffered "by the plaintiff when he slipped and fell on the sidewalk in front of defendant’s premises. The complaint alleges that the defendant’s servant undertook to remove an accumulation of ice and snow while rain was falling and forming a new coating of ice on the sidewalk, which created an unsafe condition and constituted a nuisance which the defendant failed to rectify. The plaintiff recognizes the general rule that an action for personal injuries cannot be predicated upon an abutting property owner’s failure to remove a natural accumulation of ice and…

2Cases cited8 opinions

  1. Connolly v. BurschAppellate Division of the Supreme Court of the State of New York · 1912
  2. Hendley v. Daw Drug Company, Inc.New York Court of Appeals · 1944
  3. Green v. Murray M. Rosenberg, Inc.New York Court of Appeals · 1945
  4. Nelson v. SchultzNew York Supreme Court · 1939
  5. Green v. Murray M. Rosenberg, Inc.New York Supreme Court · 1944

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3Cited by2 opinions

  1. Golub v. City of New YorkNew York Supreme Court · 1952
  2. Dunn v. J. P. Stevens & Co., IncCourt of Appeals for the Second Circuit · 1951

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