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MUSZYNSKI v. CITY OF BUFFALO

29 N.Y.2d 810 (1971)

Henry J. Muszynski, Individually and as Guardian ad Litem of Mary H. Muszynski, an Infant, Respondent, v. City of Buffalo, Appellant.

Court of Appeals of the State of New York.

Decided November 18, 1971.

Attorney(s) appearing for the Case

Anthony Manguso, Corporation Counsel (Anthony Gregory of counsel), for appellant.

John J. Madden for respondents.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON. Judge SCILEPPI dissents and votes to reverse in the following opinion. Taking no part: Judge JASEN.

Order affirmed, with costs, on the opinion at the Appellate Division.

SCILEPPI, J. (dissenting).

I cannot agree with the majority that liability should be visited upon the city and conclude that the complaint was properly dismissed by the trial court.

Pursuant to section 362 of the Buffalo City Charter, no civil action to recover damages for personal injuries sustained as a result of defective sidewalks may be maintained against that municipality...

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