(concurring in the result).
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 division in result. Each case, therefore, will have to depend on the trial judge’s own views as to which line he chooses to follow to achieve an equitable result. Certainly error cannot be charged for the choice made here.
*519As to the “lost wages” item, I would have disallowed the wages which, in fact, were not actually lost. However, this court has taken a contrary position which must control. Cunningham v. Rederiet Vindeggen A/S, 333 F.2d 308, 316 (2d Cir. 1964). Nor are the damages so excessive as to require appellate reduction.
. Several New York decisions have refused to impose liability for injuries resulting from depressions of smooth slippery areas in stairs or walks if only a minimal risk could be foreseen. Kraus v. Wolf, 253 N.Y. 300, 171 N.E. 63 (1930) ; Nazarofl v. Belam Realty Co., 19 Misc.2d 65, 67, 164 N.Y.S.2d 272 (Sup.Ct.1957). Other New York decisions have then analogized these cases to situations where ice has formed in a depression and have held that the property owner is not liable for resulting injuries if only a “slight” risk could have been foreseen from the snow or ice-filled depression. Lynch v. O’Rourke Realty Corp., 2 A.D.2d 851, 155 N.Y.S.2d 847 (2d Dept. 1956), aff’d memorandum decision 3 N.Y.2d 957, 146 N.E.2d 788, 169 N.Y.S.2d 30 (1957) ; Gibson v. Prudential Ins. Co., 258 App.Div. 740, 15 N.Y.S.2d 100 (2d Dept. 1939) (memorandum decision), appeal dismissed, 283 N.Y. 647, 28 N.E.2d 43.
. This line of New York authority does not cite or discuss the cases cited in note 1, supra, although both lines of authority are based on similar fact situations. Instead, these decisions have also assessed the gravity of the foreseeable risk raised by depressions, either of themselves or when filled with ice or snow, but have consistently imposed liability on the basis that the defective condition raised a substantial foreseeable risk. Zahn v. City of New York, 299 N.Y. 581, 86 N.E.2d 105 (1949) (mem. dee.) ; Loughrari v. City of New York, 298 N.Y. 320, 83 N.E.2d 136 (1948); Epner v. Rhulen, 8 A.D.2d 646, 184 N.Y.S.2d 918 (3rd Dept. 1959) ; Clapper v. Zubres, 261 App.Div. 850, 24 N.Y.S.2d 377 (3rd Dept.) (memorandum decision), aff’d 285 N.Y. 770, 34 N.E.2d 919 (1941).