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DUTTON v. CITY OF OLEAN

47 N.Y.2d 756 (1979)

Wayne L. Dutton, Appellant, v. City of Olean, Respondent.

Court of Appeals of the State of New York.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Joseph C. Dwyer, P. C., for appellant.

Jerome D. Schad for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER. Judge FUCHSBERG dissents and votes to reverse in an opinion.

Order affirmed, with costs, for reasons stated in the opinion by Madam Justice M. DOLORES DENMAN at the Appellate Division (60 A.D.2d 335).

FUCHSBERG, J. (dissenting).

Because this case well illustrates why summary judgment most often is inappropriate to the determination of questions of negligence (see Ugarriza v Schmieder, 46 N.Y.2d 471; Andre v Pomeroy,

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