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GUTELLE v. CITY OF NEW YORK

55 N.Y.2d 794 (1981)

Irwin R. Gutelle et al., Respondents, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1981.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Michael Gage, Leonard Koerner and Carolyn E. Demarest of counsel), for appellant.

Sheldon N. Zinman for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

A municipality has a legal duty to construct and maintain its highways in a reasonably safe condition, taking into account such factors as the traffic conditions apprehended, the terrain encountered and fiscal practicality (Tomassi v Town of Union, 46 N.Y.2d 91). Weiss v Fote (

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