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AMARO v. CITY OF NEW YORK

40 N.Y.2d 30 (1976)

J. John Amaro, Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1976.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Bernard Burstein and L. Kevin Sheridan of counsel), for appellant.

Alfred S. Julien and Helen B. Stoller for respondent.

Judges JONES, WACHTLER and FUCHSBERG concur with Judge GABRIELLI; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL concurs; Judge COOKE dissents and votes to reverse in another separate dissenting opinion.

GABRIELLI, J.

Plaintiff, a New York City fireman, sustained serious injuries when, in responding to an urgent fire alarm, he fell to the main apparatus floor of the firehouse through an open, unguarded sliding pole hole in a darkened second-floor dormitory room. Plaintiff charged the defendant city with negligence in failing to maintain adequate lighting and guards at the pole hole. The jury agreed and returned...

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