Citation Codes Equivalent Citations citation codes Advocates Bert W. Subin Sally Weintraub for Allen G. Schwartz, Corporation Counsel (Joan E. Handler of counsel), for See more information ... Smart Summary Please sign up to generate summary. OPINION WILSON SABINO, Appellant, v. CITY OF NEW YORK, 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.