Mandelkorn v. City of New York

• Decision Date: 23 June 1986
• Citation: 503 N.Y.S.2d 443,121 A.D.2d 608
• Parties: Rose MANDELKORN, et al., Appellants, v. The CITY OF NEW YORK, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 443

503 N.Y.S.2d 443

121 A.D.2d 608

Rose MANDELKORN, et al., Appellants, v. The CITY OF NEW YORK, Respondent.

Supreme Court, Appellate Division, Second Department.

June 23, 1986.

Aronowitz & Singer, New York City (Michael H. Singer and Dennis A. Bengels, of counsel), for appellants.

Frederick A.O. Schwarz, Jr., Corp. Counsel, New York City (June A. Witterschein and Lucy A. Cardwell, of counsel), for respondent.

Before GIBBONS, J.P., and WEINSTEIN, LAWRENCE and EIBER, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Kunzeman, J.), dated January 22, 1985, which, after a nonjury trial, is in favor of the defendant and against them dismissing the complaint.

Judgment affirmed, with costs.

In this action, the plaintiff Rose Mandelkorn claimed that she slipped and fell on some ice on a ramp on the defendant's premises. The plaintiff sought to predicate liability upon the fact that the defendant's employees' alleged ice removal operation created a dangerous condition, thereby increasing the natural hazard and causing Mrs. Mandelkorn's injuries. We find that the evidence at the trial failed to sustain this contention (cf. Glassman v. City of New York, 1 N.Y.2d 712, 151 N.Y.S.2d 382, 134 N.E.2d 208, affg. 284 App.Div. 1045, 135 N.Y.S.2d 597; Golub v. City of New York, 201 Misc. 866, 112 N.Y.S.2d 161, affd. 282 App.Div. 666, 122 N.Y.S.2d 793, lv. denied 306 N.Y. 980, 115 N.E. 438). As stated by the trial court, "no lack of reasonable care by the City in any attempt to correct any such [ice] condition was shown".