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CHAMBERLAIN v. CITY OF NEW YORK

286 A.D.2d 232 (2001)

729 N.Y.S.2d 100

CATHERINE CHAMBERLAIN, Respondent, v. CITY OF NEW YORK, Defendant, ORBANK REALTY, LTD., Respondent, and KON & TON FOOD CORP., Doing Business as JOE JR. RESTAURANT, Appellant.

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

Decided August 9, 2001.

Plaintiff seeks to recover for personal injuries allegedly sustained on February 16, 1996 when she fell on a snow and ice covered sidewalk abutting the premises at 167 Third Avenue in Manhattan, which is owned by defendant Orbank and in which defendant Kon & Ton operates a restaurant. The IAS court denied summary judgment, finding questions, as to Kon & Ton, whether the condition encountered by plaintiff, "just enough snow...

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