RESNICK v. CITY OF NEW YORK


286 A.D. 861 (1955)

Lorrain Resnick et al., Plaintiffs, v. City of New York, Defendant and Third-Party Plaintiff-Respondent. Security Construction Corp., Third-Party Defendant, and 2nd Kew Garden Hills Building Corp., Third-Party Defendant-Appellant

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

June 13, 1955.


In the main complaint, plaintiffs alleged against respondent, as defendant, that it had control of the street and the manhole and manhole cover which were alleged to have caused the accident. In its answer respondent denied that it had such control and asserted that the street was a private street. In the third-party complaint, respondent alleged that another third-party defendant maintained a sewer in the street for the special use and benefit of the appellant's apartment...

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