Bown v. Village of Lynbrook

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: The Supreme Court, Special Term, Nassau County, L. Kingsley Smith; All concur except VAN VOORHIS
• Citation: Bown v. Village of Lynbrook, 271 N.Y.S.2d 272, 17 N.Y.2d 826, 218 N.E.2d 315 (N.Y. 1966)
• Decision Date: 02 June 1966
• Parties: , 218 N.E.2d 315 Newell BOWN, Appellant, v. The VILLAGE OF LYNBROOK and County of Nassau, Respondents.

Page 272

271 N.Y.S.2d 272

17 N.Y.2d 826, 218 N.E.2d 315

Newell BOWN, Appellant, v. The VILLAGE OF LYNBROOK and County of Nassau, Respondents.

Court of Appeals of New York.

June 2, 1966.

Appeal from Supreme Court, Appellate Division, Second Department, 23 A.D.2d 559, 256 N.Y.S.2d 572.

Konheim & Halpern, New York City ( William D. Hand, Jr., New York City, of counsel), for plaintiff-appellant.

Morris H. Schneider, Mineola (Seymour S. Ross, William D. Siegel, Mineola, of counsel), for respondent.

Cordes, Purcell, Jewell & Ingrao, Mineola, for defendant-respondent.

Pedestrian brought action against village and county for injuries sustained by the pedestrian when the pedestrian slipped on ice and snow and fell while walking on sidewalk in village. The pedestrian did not comply with Section 341--a of the Village Law, Consol.Laws, c. 64, providing that no action shall be brought against the village for injuries sustained by falling on ice and snow unless notice of existence of ice and snow was actually given to village clerk and there was failure or neglect within reasonable time to remove ice or snow, and did not comply with similar provision contained in county administrative code.

The pedestrian alleged in his second amended complaint that the village and the county, while utilizing snow removal equipment and machines only partially removed accumulations of snow and ice from streets and negligently created ridges and mounds of snow and ice on curbs and sidewalks so as to prevent water and slush from escaping into the streets and catch basins and so that...