Valentine v. City of New York

In Valentine v. City of New York, 86 AD2d 381 [1st Dept 1982], affd 57 NY2d 932 [1982] the court vacated a jury verdict in favor of plaintiff which he obtained at trial upon proof that the time between plaintiff's fall and the cessation of the storm which created the condition alleged was insufficient as a matter of law (id. at 388). Specifically, the court noted that because of "the severity of the ice storm, the second worst to strike this area in 50 years, [which] was followed by temperatures which never rose above 32 degrees Fahrenheit and reached a low of 17 degrees Fahrenheit on the morning of the accident," the 30 hours between the storm's cessation and plaintiff's accident was insufficient as a matter of law to impose an obligation upon the City of New York to clear the snow at the location of plaintiff's accident (id. at 384). Significantly, on the issue of the reasonableness between the cessation of the storm and how long thereafter snow removal efforts were undertaken the court in Valentine found it dispositve that the City of New York had not cleaned the area of plaintiff's alleged fall because it had so much snow to clear and over a wide area such that its resources were limited (id. at 382). Specifically, the court noted that The city's snow removal operations, which extend over 6,401 miles of streets and 11,420 miles of sidewalk, broken down into 58 snow removal districts, began on December 16 and continued at least until December 21. The snow removal district in which Murdock Avenue is situated consists of 120 miles of streets and 240 miles of sidewalks, abutted by as many as 19,483 dwelling units. In the three days from December 17 to December 19, the city assigned 35, 25 and 33 men, respectively, to snow removal duty in this district alone. Working overtime they used as many as 32 pieces of snow removal equipment in one day, including plows and front-end loaders, and spread, in the three-day period, 1,421 tons of salt (id.).