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BERNSTEIN v. CITY OF NEW YORK

69 N.Y.2d 1020 (1987)

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

Court of Appeals of the State of New York.

Decided June 4, 1987.

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Margaret G. King of counsel), for appellant.

Fred R. Profeta, Jr., and Alan B. Katz for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.

Plaintiff slipped and fell while crossing an intersection near a Bronx bus stop, and fractured his kneecap. At the trial of his negligence action, plaintiff testified that after attempting to stand up, he slipped again and fell in the same spot. He then swept away "a dusting of powdered snow" on the street...

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