Mary P. Klein and William Klein v. United States

I concur in the result. There are many decisions in the New York courts which would justify a judgment in favor of the defendant.1 There are also decisions in cases where the factual differences from the facts here presented are of minor degree which would appear to support plaintiff’s position.2 No logical distinctions can be made between the two lines of authority and, obviously, a decision in this case cannot wait until New York law in this field becomes clear. Probably much ice will accumulate on many sidewalks during many winters before this occurs and there still may be an almost equal…