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D'AMBROSIO v. CITY OF NY

55 N.Y.2d 454 (1982)

Diane M. D'Ambrosio, an Infant, by Her Mother and Natural Guardian, Rose D'Ambrosio, Appellant, et al., Plaintiff, v. City of New York, Defendant and Third-Party Plaintiff-Respondent. Harriet S. Hopp, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1982.

Attorney(s) appearing for the Case

Brian J. Shoot for appellant.

Anthony J. McNulty, Joseph Messina and William F. McNulty for third-party defendant-appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Ronald E. Sternberg and Leonard Koerner of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER and FUCHSBERG concur with Judge GABRIELLI; Judge MEYER dissents in part and votes to affirm on the third-party defendant's appeal in a separate opinion in which Judge JASEN concurs.

GABRIELLI, J.

The issue on this appeal is the effect of our decision in Dole v Dow Chem. Co. (30 N.Y.2d 143) on the so-called "special benefit" rule. This rule allows a municipality, charged with the duty of maintaining its sidewalks in a reasonably safe condition, to shift liability to the abutting landowner, where the cause of plaintiff's injuries is the failure of...

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