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INNIS v. CITY OF NEW YORK

92 A.D.2d 507 (1983)

Jon Innis, Respondent, v. City of New York, Appellant, and Anita Schwartzbergk et al., Respondents City of New York, Third-Party Plaintiff-Appellant, v. Anita Schwartzbergk et al., Third-Party Defendants-Respondents

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

February 17, 1983

Murphy, P. J., dissents in a memorandum as follows:

At about 6:30 P.M. on January 16, 1977, plaintiff Jon Innis was walking his dog on the south side of 71st Street between Columbus Avenue and Broadway. At the time, plaintiff was wearing, inter alia, prescription sunglasses and shoes with leather soles. It had snowed that entire day: approximately one-half inch of snow had fallen. On January 15, 1977, one fifth of an inch of snow had accumulated...

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