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SCHLAUSKY v. CITY OF N. Y.

41 A.D.2d 156 (1973)

Frances Schlausky, Respondent, v. City of New York, Defendant; Diane Button Co., Inc., Appellant-Respondent, and 252-258 West 37th Street Corp., Appellant. (Action No. 1.) Frances Schlausky, Plaintiff, v. Building Supervision Corporation, Defendant. (Action No. 2.)

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

March 20, 1973.

Attorney(s) appearing for the Case

William F. McNulty of counsel (Anthony J. McNulty with him on the brief; Harold M. Foster, attorney), for appellant.

Joseph D. Ahearn of counsel (J. Robert Morris, attorney), for appellant-respondent.

Raymond Val Wayne, Jr., of counsel (O'Donnell & Schwartz, attorneys), for respondent.

McGIVERN, LANE and CAPOZZOLI, JJ., concur with STEVENS, P. J.; KUPFERMAN, J., dissents in part in opinion.

STEVENS, P. J.

Plaintiff brought this action to recover damages for personal injuries suffered January 31, 1966, when, according to plaintiff, she slipped and fell on ice and snow on the sidewalk in front of premises 252 West 37th Street. The premises are owned by appellant 252-258 West 37th Street Corp., and appellant-respondent Diane Button Co., Inc. (Diane) was a tenant in that portion of the premises fronting...

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