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JOHN HOOGHUIS, respondent, v. CITY OF NEW YORK, defendant, NEW YORK CITY TRANSIT AUTHORITY, et al., appellants.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

In light of the massive snowfall which began three days prior to the plaintiff s fall, and the additional precipitation which took place only a few hours prior to the plaintiff's fall, the appellants were not negligent in failing to clear all traces of snow from the stairwell where the plaintiff allegedly slipped. Therefore, the appellants' cross motion for summary judgment should have been granted (see, Bethel v. New York City Tr. Auth., 92 N.Y.2d 348, 350, 356; Palmer v. Penn. Co., 111 N.Y. 488, 494; Martinez v. Columbia Presbyt. Med. Ctr., 238 A.D.2d 286; Valentine v. City of New York, 86 A.D.2d 381, 383-384, affd 57 N.Y.2d 932; see also, Urena v. New York City Tr. Auth., 248 A.D.2d 377; Fuks v. New York City Tr. Auth., 243 A.D.2d 678).

BRACKEN, J.P., THOMPSON, GOLDSTEIN, McGINITY, and SCHMIDT, JJ., concur.

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HOOGHUIS v. CITY OF NEW YORK
(Sep 27, 1999)