(4) Finally, there is absolutely no basis for a finding of municipal negligence under Appellant's Point III (App. Br. pp. 17-20) either for "improperly grading the street” or for “failing to provide a sewer at the place where plaintiff fell.” The grading of the street in question, which even plaintiff's expert conceded was the normal construction of all city streets, cannot in the absence of all reasonable basis, form a basis for municipal liability. Cf., Weiss v. Fote, 7 NY 2d 579 (1960), cf., also Urquhart v. City of Ogdensburg, 91 N.Y. 67 (1883); Watson v. City of Kingston, 114 N.Y. 88 (1889); Paine v. Village of Delhi, 116 N.Y. 224 (1889); Stern v. International Ry. Co., 220 N.Y. 284 (1917); Barrett v. State of New York, 220 N.Y. 423 (1917); Pittman v. City of New York, 141 App. Div. 670 (2nd Dept., 1910); Treadwell v. City of New York, 192 App. Div. 421 (2nd Dept., 1920); Sipala v. Town of Huntington, 20 AD 2d 559 (2nd Dept., 1963). A municipality owes no duty, nor is it under any compulsion of any kind to construct sewers for the disposal of surface waters or to provide a drainage system sufficient to dispose of such surface waters flowing as a result of the natural drainage or grading of the streets. Cashin v. City of New Rochelle, 256 N.Y. 190 (1931); Fox v. City of New Rochelle, 240 N.Y. 109 (1925); Anchor Brewing Co. v. Village of Dobbs Ferry, 156 N.Y. 695 (1898); Mills v. City of Brooklyn, 32 N.Y. 485 (1865); Ebbets v. City of New York, 111 App. Div. 364 (2nd Dept., 1906); Beck et al. v. City of New York, 16 AD 2d 809 (2nd Dept., 1962) lv. to app. den. 17 AD 2d 741 (1962). Nor can it be held because of the existence of ice on a sidewalk [cf. Scales v. Village of Nyack, 265 App. Div. 880 (2nd Dept., 1942) aff'd 290 N.Y. 689 (1943)], or ice in a public street caused by snow or the freezing of natural surface waters. Lichtenstein v. The Mayor, supra; Williams v. City of New York, 214 N.Y. 259 (1915); Dwyer v. City of New York, 18 AD 2d 902 (1st Dept., 1963), aff'd 13 NY 2d 1055 (1963).

.

CONCLUSION

The judgment appealed from should be affirmed, with costs.

August 21, 1964

Respectfully submitted,

LEO A. LARKIN,
Corporation Counsel,
Attorney for Respondent,
The City of New York.