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Nahme v. City of New York

224 N.Y. 731 Court N.Y. Decision date 1918-12-03 English

Contents

Majority

p. 731
Alma Nahme, Respondent, v. The City of New York Appellant.

Headnote

Natime v. City of New York, 174 App. Div. 856 , affirmed.
(Argued November 19, 1918;
decided December 3, 1918.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 9, 1916, affirming a judgment in favor of
p. 732
plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant in failing to keep its sidewalk free from ice. The complaint alleged that for more than seven days next preceding the accident the defendant carelessly and negligently suffered ice to accumulate on the sidewalk on the west side of Sixth avenue, near the junction of Seventeeth street and between Seventeenth and Eighteenth streets, in the borough of Manhattan, so as to become dangerous for persons passing along the same; said ice being smooth and slippery and that plaintiff slipped thereon, fell and received the injuries complained of.
William P. Burr, Corporation Counsel (Terence Farley of counsel), for appellant.
Max Shlivek for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Collin, Cardozo, Pound, Crane and Andrews, JJ. Dissenting: Cuddeback, J.