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MARGOLIN v. N. Y. LIFE INS. CO.

32 N.Y.2d 149 (1973)

Leo Margolin, Respondent, v. New York Life Insurance Company, Appellant, and Park & Estate Maintenance, Inc., Respondent. New York Life Insurance Company, Third-Party Plaintiff-Appellant, v. Park & Estate Maintenance, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided April 25, 1973.

Attorney(s) appearing for the Case

Robert Devine, Stephen W. O'Leary, Thomas J. Mason, Steven E. Pegalis and Stephen W. O'Leary, Jr. for appellant.

Joseph Kelner and Gilbert S. Glotzer for respondent.

William J. Dougherty, John E. Trecartin, Peter M. J. Reilly and William C. Morris for third-party defendant-respondent.

Judges BURKE, BREITEL and GABRIELLI concur with Judge JASEN; Judge JONES dissents and votes to affirm in a separate opinion in which Chief Judge FULD and Judge WACHTLER concur.

JASEN, J.

The plaintiff slipped and fell upon a patch of ice located on a sidewalk which was part of an apartment complex owned by defendant, New York Life Insurance Company (New York Life). At the time of the accident, the sidewalk was clear of ice, except for this one patch which had formed as a result of a structural defect — a depression in the sidewalk....

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