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ALEXANDER v. CITY OF NEW YORK

43 N.Y.2d 659 (1977)

Earnestine Alexander, Individually and as Administratrix of The Estate of Joseph Alexander, Deceased, Plaintiff, v. City of New York, Appellant, and Kinney's National Service, Inc., Respondent. (Action No. 1.) Rufus Simmons, Individually and as Administrator of The Estate of Mildred Simmons, Deceased, Plaintiff, v. Kinney National Service, Inc., et al., Respondents, and City of New York, Appellant. (Action No. 2.)

Court of Appeals of the State of New York.

Decided November 10, 1977.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Bernard Abel and L. Kevin Sheridan of counsel), for appellant.

William F. McNulty, Daniel J. Coughlin and Anthony J. McNulty for respondents.

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

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (53 A.D.2d 846

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