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FARNSWORTH v. POTSDAM

228 A.D.2d 79 (1997)

651 N.Y.S.2d 748

Eleanor P. Farnsworth, Appellant-Respondent, v. Village of Potsdam, Respondent, and David W. Leach, Jr., et al., Respondents-Appellants

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

January 9, 1997

Attorney(s) appearing for the Case

Cappello & Linden, Potsdam (Francis P. Cappello of counsel), for appellant-respondent.

Slye & Burrows, Watertown (Donald S. DiBenedetto of counsel), for respondents-appellants.

Conboy, McKay, Bachman & Kendall, L. L. P., Watertown (Stephen W. Gebo and David B. Guertsen of counsel), for respondent.

MERCURE, J. P., PETERS and SPAIN, JJ., concur with CARPINELLO, J.; YESAWICH JR., J., concurs in part and dissents in part in a separate opinion.

CARPINELLO, J.

This action arises out of plaintiff's May 13, 1993 fall on a sidewalk in front of the residence owned by defendants David W. Leach, Jr. and Susan R. Leach (hereinafter the homeowners) in the Village of Potsdam, St. Lawrence County. Plaintiff alleges that her fall was caused by the rough and irregular surface of the sidewalk. Defendant Village of Potsdam...

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