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VALENTINE v. CITY OF NY

86 A.D.2d 381 (1982)

Rita Valentine, Respondent, v. City of New York, Appellant, and Filomena Castorina, Respondent

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

May 13, 1982

Attorney(s) appearing for the Case

George Ian Brandon of counsel (Frederick A.O. Schwarz, Corporation Counsel, attorney), for appellant.

Martin S. Rothman of counsel (Joseph Irom and Jeffrey E. Rothman with him on the brief; Paul Bank, P. C., and Seligson, Rothman & Rothman, attorneys), for Rita Valentine, respondent.

Alvin P. Bluthman of counsel (Nathan Cyperstein, attorney), for Filomena Castorina, respondent.

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

SULLIVAN, J. P.

The City of New York has been found negligent for failing to remove from a city sidewalk an accumulation of ice and snow, which constituted a dangerous condition and caused plaintiff to fall and sustain injuries.1 Because, as a matter of law, an insufficient time had elapsed between the end of the snowfall and the accident to enable the city, in the exercise of reasonable...

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