Slip on Icy Roadway Case Against City Dismissed

Case: Cuebas v. City of Yonkers

Date: 7/25/2012

Court: Supreme Court, Appellate Division, Second Department, New York

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens injury attorney)

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SLIP-AND-FALL ACCIDENT IN PARKING LOT: SUMMARY JUDGMENT TO SOME DEFENDANTS

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Facts: This accident victim slipped and fell on roadway ice. The City of Yonkers applied to the court for summary judgment dismissing the plaintiff's complaint. No indication is given of the accident victim's injuries. The lower court denied the City's summary judgment motion. This appeal followed.

Held: The plaintiff failed to show that the City created the icy condition or that it had prior written notice of the condition, as required by law. The accident victim failed to show an issue of fact. The decision of the lower court is reversed. Summary judgment is granted to the City and this accident case is dismissed.

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