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STEELEY v. CITY OF NEW YORK

4 A.D.2d 792 (1957)

Moses Steeley, Respondent, v. City of New York, Appellant and Third-Party Plaintiff-Respondent. Belpark Construction Corp., Third-Party Defendant-Appellant

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

July 15, 1957

Judgment was entered in favor of Steeley against the city and in favor of the city against the third-party defendant. The city and Belpark appeal from the adverse portions of the judgment. Judgment reversed on the law, with one bill of costs to appellants, and judgment granted in favor of appellants on the merits. The findings of fact below are affirmed.

We hold there is no evidence of any breach of duty or actionable negligence on the part of the city.

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