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POWHIDA v. CITY OF ALBANY

147 A.D.2d 236 (1989)

In the Matter of Anne Powhida, Respondent, v. City of Albany et al., Appellants

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

June 22, 1989

Attorney(s) appearing for the Case

Vincent J. McArdle, Corporation Counsel (Karen A. Crotty-Steinmetz of counsel), for appellants.

Walter, Thayer, Long & Mishler (Lanny E. Walter of counsel; Mark S. Mishler with him on the brief), for respondent.

CASEY, WEISS, MERCURE and HARVEY, JJ., concur.

MAHONEY, P. J.

Respondent City of Albany (hereinafter respondent)* Police Officer Patrick Fox, in his capacity as a part-time employee of a realtor, entered petitioner's home on April 3, 1987 without petitioner's permission for the purpose of conducting a termite inspection. Fox, who was on duty at the time, used a key supplied by the...

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