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PIERSON v. CITY OF NY

83 A.D.2d 128 (1981)

Elof Pierson, Respondent, v. City of New York, Appellant

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

November 10, 1981

Attorney(s) appearing for the Case

Joseph Kiley of counsel (Milton Weinberg and Ronald E. Sternberg with him on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for appellant.

Alan J. Firestone of counsel (Donald L. Marcovitz with him on the brief; Firestone, Marcovitz & Harris and Kravet & Hoefer, attorneys), for respondent.

SULLIVAN, ROSS and CARRO, JJ., concur with SANDLER, J. P.; BLOOM, J., dissents in an opinion.

SANDLER, J. P.

On April 7, 1976 plaintiff, then a 61-year-old man, sustained injuries when he fell on the sidewalk in front of 202 West 42nd Street in New York City. A police officer responding to the scene of the accident noted in his report that the plaintiff had slipped on "slippery cream" on the sidewalk and struck his leg on the building ledge. The report recorded the name and address of a witness to the...

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