Landlord Claims Snowplow Pushed Snow onto Path

DOS issued a violation notice to landlord for not removing snow and ice from the sidewalk. Snow had stopped falling on Jan. 8, 1994; the violation notice was issued on Jan. 11. Landlord claimed that city snowplows dumped snow where a path had been cut and that constant dumping of snow on the sidewalk covered the salt and sand that had been placed there. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB again ruled against landlord. Landlord is required to remove snow and ice within four hours after the snow stops falling. Landlord didn't show that any efforts had been made during the three days after it stopped snowing to clear the sidewalk or push back the snow. The fact that a snowplow may have pushed snow onto the path in front of landlord's building was no excuse.

City of New York v. Schumsky: ECB App. No. 21378 (10/26/94) [2-page document]