Sabino v. City of New York

Full title: WILSON SABINO, Appellant, v. CITY OF NEW YORK, Respondent

Court: Court of Appeals of the State of New York

Date published: Sep 24, 1981

427 N.E.2d 950 (N.Y. 1981)

427 N.E.2d 950

443 N.Y.S.2d 653

Opinion

Decided September 24, 1981

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN M. SILBOWITZ, J.

Bert W. Subin and Sally Weintraub for appellant.

Allen G. Schwartz, Corporation Counsel (Joan E. Handler of counsel), for respondent.

On summary consideration, order affirmed, with costs. The risk was not foreseeable (see Tomassi v Town of Union, 46 N.Y.2d 91).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.