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DWYER v. CITY OF NEW YORK

18 A.D.2d 902 (1963)

Helen M. Dwyer, Appellant, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 21, 1963

MEMORANDUM BY THE COURT.

Plaintiff failed to make a prima facie case of negligence on the part of the defendants. Giving plaintiff's evidence the most favorable inferences, it appears that on January 9, 1956, at about 9:20 A.M., plaintiff slipped and fell upon ice that had formed on a safety island as a result of sleet. It also appears that the accident occurred while it was still sleeting — a weather condition, which according to the official United States...

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