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BERNSTEIN v. CITY OF NEW YORK

121 A.D.2d 953 (1986)

Harold Bernstein, Respondent, v. City of New York, Appellant, et al., Defendant

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

July 24, 1986

Lynch, J., dissents in a memorandum as follows:

I dissent and would reverse and dismiss the complaint.

The plaintiff, while crossing Westchester Avenue in The Bronx on January 15, 1982, was injured when he slipped and fell in the crosswalk. At the trial of his negligence action, he testified that the ground was covered by one-half inch to an inch of snow and initially he did not see what caused his slip. On direct examination, he stated that ...

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