CALOGERAKOS v. CITY OF NEW YORK

Reset A A Font size: Print

Supreme Court, Appellate Division, First Department, New York.

Peter CALOGERAKOS, Plaintiff-Appellant, v. The CITY OF NEW YORK, et al., Defendants-Respondents.

Decided: October 25, 2005

TOM, J.P., ANDRIAS, SULLIVAN, GONZALEZ, MALONE, JJ. Fauci & Fauci, P.C., New York (Anthony J. Fauci of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Dona B. Morris of counsel), for The City of New York, respondent. Law Office of Steven G. Fauth, New York (Peter Gannon of counsel), for Clinton Towers Housing Co., Inc. and P & L Management and Consulting, respondents. Gordon & Silber, P.C., New York (Jill M. Dworzanski of counsel), for Wajdi Farah Abuzahrieh and Duane Reade, Inc., respondents.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered October 4, 2004, which granted defendants' motions for summary judgment and dismissed the complaint, unanimously affirmed, without costs.

 The action, for personal injuries sustained in 2000, was properly dismissed as against the property owner and its management company for lack of evidence that either made any efforts to remove the snow and ice that allegedly caused plaintiff's fall (see Stein v. State St. Bank & Trust Co., 279 A.D.2d 427, 719 N.Y.S.2d 572 [2001] ).   As against defendant City, the action was properly dismissed upon a showing that snow and ice was falling at the time of the accident (see Valentine v. City of New York, 86 A.D.2d 381, 449 N.Y.S.2d 991 [1982], affd. 57 N.Y.2d 932, 457 N.Y.S.2d 240, 443 N.E.2d 488 [1982];  Prince v. New York City Hous. Auth., 302 A.D.2d 285, 756 N.Y.S.2d 158 [2003] ).   As against plaintiff's pharmacy and pharmacist, the IAS court properly searched the record and correctly found that the phenobarbital they had mistakenly dispensed to plaintiff was dispensed after the accident, and therefore could not have contributed to plaintiff's injuries.