Valentine v. City of New York

Decision Date21 October 1982
Citation457 N.Y.S.2d 240,57 N.Y.2d 932
Parties, 443 N.E.2d 488 Rita VALENTINE, Appellant, v. The CITY OF NEW YORK, Respondent, et al.,
CourtNew York Court of Appeals Court of Appeals

On review of submissions pursuant to Rule 500.2(b), order affirmed, 86 A.D.2d 381, 449 N.Y.S.2d 991, without costs. We agree that, as a matter law, insufficient time had elapsed after the end of this heavy storm to hold the city liable for failure to clear the sidewalks of snow and ice.

COOKE, C.J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

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  • Morris v. Home Depot United States
    • United States
    • New York Supreme Court — Appellate Division
    • July 19, 2017
    ...opportunity after the cessation of the storm to remedy the allegedly dangerous condition (see Valentine v. City of New York, 57 N.Y.2d 932, 933–934, 457 N.Y.S.2d 240, 443 N.E.2d 488 ; Rusin v. City of New York, 133 A.D.3d 648, 19 N.Y.S.3d 84 ; Fenner v. 1011 Rte.109 Corp., 122 A.D.3d 669, 9......
  • Feigles v. Costal Lumber Co., 97-CV-6197L.
    • United States
    • U.S. District Court — Western District of New York
    • December 17, 1998
    ...a storm is in progress'"), quoting Valentine v. City of New York, 86 A.D.2d 381, 449 N.Y.S.2d 991 (1st Dep't), aff'd, 57 N.Y.2d 932, 457 N.Y.S.2d 240, 443 N.E.2d 488 (1982); Rothschild v. Faber Homes, Inc., 247 A.D.2d 889, 668 N.Y.S.2d 793 (4th Dep't 1998) (affirming trial court's decision ......
  • Rodriguez v. City of N.Y.
    • United States
    • New York Supreme Court
    • October 27, 2015
    ...v. City of New York, 168 A.D.2d 541, 541 [2d Dept 1990] ; Valentine v. City of New York, 86 A.D.2d 381, 383 [1st Dept 1982], affd 57 N.Y.2d 932 [1982] ).For purposes of constructive notice, evidence that it had snowed prior to plaintiff's accident is, by itself, insufficient to establish co......
  • Rodriguez v. Woods
    • United States
    • New York Supreme Court — Appellate Division
    • October 14, 2014
    ...reject the City's reference to Valentine v. City of New York , 86 A.D.2d 381, 449 N.Y.S.2d 991 [1st Dept.1982], affd. 57 N.Y.2d 932, 457 N.Y.S.2d 240, 443 N.E.2d 488 [1982] ), which dealt with “a severe ice storm, described as the second worst in the preceding 50 years.” There is no suggest......
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