Ganek v. City of New York
| Decision Date | 31 October 1955 |
| Citation | 286 A.D. 1036,145 N.Y.S.2d 343 |
| Parties | Jean GANEK and Charles Ganek, respondents, v. The CITY OF NEW YORK, appellant. |
| Court | New York Supreme Court — Appellate Division |
Peter Campbell Brown, New York City, for appellant. Seymour B. Quel, John A. Murray, New York City, of counsel.
Robert Wyman, New York City, for respondents. M. Elliot Gordon, New York City, on the brief.
Before NOLAN, P. J., and WENZEL, SCHMIDT, BELDOCK and MURPHY, JJ., concur.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries allegedly sustained when respondent Jean Ganek fell on a sidewalk covered with ice and snow, and by her husband for medical expenses and loss of services, the appeal is from a judgment in favor of respondents, entered upon the verdict of a jury. The accident occurred on December 23, 1948, shortly after 9:00 A.M., about eighty hours after the termination of a snow storm during which sixteen and seven-tenths inches of snow fell.
Judgment reversed on the law and the facts, with costs, and complaint dismissed, on the authority of Weisfeld v. City of New York, 282 App.Div. 739, 122 N.Y.S.2d 426; Thompson v. Rose, 283 App.Div. 735, 127 N.Y.S.2d 605, and Gabriel v. Wooddike Realty Corp., 286 App.Div. 993, 144 N.Y.S.2d 713.
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...In our opinion, plaintiff failed to establish any actionable negligence on the part of the City of New York."]; Ganek v. City of New York, 286 AD 1036, 1036 [2d Dept 1955] [Summary judgment in favor of defendant granted when "[t]he accident occurred on December 23, 1948, shortly after 9:00 ......
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