McGUIRE v. CITY OF NEW YORK


24 A.D.2d 496 (1965)

James T. McGuire, Respondent, v. City of New York, Appellant, and Paul Golden et al., Doing Business as Regent Realty Company, Respondents

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

June 21, 1965


Judgment, insofar as appealed from, reversed on the law and the facts, without costs, and complaint against the city dismissed on the law, without costs.

In our opinion, plaintiff failed to establish that the patch of ice upon which he slipped was dangerous or unusual or exceptional (cf. Williams v. City of New York, 214 N.Y. 259, 264). We also find that plaintiff offered insufficient proof to show either: (a) notice...

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