SMITH-HUNTER v. HARVEY


95 N.Y.2d 191 (2000)

734 N.E.2d 750

712 N.Y.S.2d 438

ANDREA SMITH-HUNTER, Appellant, v. JONATHAN HARVEY et al., Respondents.

Court of Appeals of the State of New York.

Decided July 6, 2000.


Attorney(s) appearing for the Case

Hancock & Estabrook, L. L. P., Syracuse (Alan J. Pierce of counsel), and Walter, Thayer & Mishler, P. C., Albany (Mark S. Mishler of counsel), for appellant.

Carter, Conboy, Case, Blackmore, Napierski & Maloney, P.C., Albany (Nancy E. May-Skinner of counsel), for respondents.

Judges BELLACOSA, SMITH, CIPARICK, WESLEY and ROSENBLATT concur with Chief Judge KAYE; Judge ROSENBLATT concurs in a separate concurring opinion; Judge LEVINE taking no part.


OPINION OF THE COURT

Chief Judge KAYE.

On February 21, 1996, plaintiff—then a graduate student at the State University at Albany—parked her car in a private lot near the downtown Albany offices of defendant law firm, in a spot reserved for defendant Jonathan Harvey, a partner in the firm. When she returned a short time later, plaintiff found that her car had been blocked in by another car. Told...

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