Ellen Harrington, Appellant v. the City of Buffalo, Respondent

Summary

The New York Court of Appeals reversed the lower court's denial of a motion for a new trial and ordered a new trial with costs. It held that the City of Buffalo was not liable for the plaintiff's fall because the municipality had no duty to remove the ice and snow absent actual notice or a presumption of knowledge, and the plaintiff failed to prove a breach of duty. Consequently, the evidence did not support a negligence claim against the city.