Cardoza v. Sheiner

Judgment entered May 14, 1969, unanimously reversed, on the law, with $50 costs and disbursements to the appellant and the complaint dismissed. In this action against an abutting property owner for personal injuries resulting from a fall on the sidewalk, plaintiff failed to establish a cause of action. The basis of the claim is that in attempting to clear a path immediately after an extremely heavy fall of snow, defendant left the sidewalk in a more dangerous condition than it would have been in if no such effort were made. The proof utterly fails to sustain that contention (Glassman v. City of New York, 1 N Y 2d 712 ; Bonfrisco v. Marlib Corp., 24 N Y 2d 817 ; Golub v. City of New York, 201 Misc. 866 , affd. 282 App. Div. 666 ). Moreover, the finding of the jury as to how the accident occurred is against the weight of the credible evidence. Concur — Eager, J. P., Tilzer, McGivern, McNally and Steuer, JJ.