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GARRICKS v. CITY OF NY

1 N.Y.3d 22 (2003)

801 N.E.2d 372

769 N.Y.S.2d 152

BEVERLY GARRICKS, Respondent, v. CITY OF NEW YORK, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 2003.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Paul L. Herzfeld and Francis F. Caputo of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac and William Peterman of counsel), and Corpina, Piergrossi, Overzat & Klar, LLP, for respondent.

J. Wade Beltramo, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT and READ concur; Judge CIPARICK taking no part.

OPINION OF THE COURT

GRAFFEO, J.

In this negligence action arising from plaintiff's fall on an icy sidewalk, defendant City of New York appeals from an Appellate Division order that affirmed a jury verdict in plaintiff's favor. Because we conclude that the City was erroneously precluded from presenting relevant evidence regarding the reasonableness of its response to the snowstorm, we reverse and remit for...

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