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DiMARCO v. NEW YORK CITY HEALTH & HOSPS. CORP.

187 A.D.2d 479 (1992)

Joann DiMarco, Individually and as Guardian ad Litem for Frank DiMarco, et al., Plaintiffs, v. New York City Health and Hospitals Corporation, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants, and Bath Beach Body Building Women's Health Spa, Inc., Doing Business as Beach Health Spa/Bath Beach Body Building, Defendant and Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 9, 1992

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of the defendant third-party defendant's motion which was for summary judgment dismissing the third-party complaint is granted.

In March 1985 the plaintiff Frank DiMarco, a New York City firefighter, was seriously injured while boxing at the gym owned by the defendant third-party defendant (hereinafter...

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