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O'BRIEN v. CITY OF NEW YORK

6 A.D.2d 63 (1958)

Louis O'Brien, Respondent, v. City of New York, Appellant, and Watson-Flagg Engineering Co., Inc., Respondent Watson-Flagg Engineering Co., Defendant and Third-Party Plaintiff, v. Law Pipe Railing Corp., Third-Party Defendant

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

June 12, 1958.

Attorney(s) appearing for the Case

Edward Ash of counsel (Joseph Arthur Cohen with him on the brief; Alexander, Ash & Schwartz, attorneys), for defendant and third-party plaintiff.

Seymour B. Quel of counsel (Abraham Satran with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellant.

RABIN, J. P., FRANK, VALENTE and STEVENS, JJ., concur.

McNALLY, J.

Defendant-respondent Watson-Flagg Engineering Co., Inc., moves to dismiss the appeal of the defendant-appellant City of New York on the ground that it is not timely. On January 17, 1956, judgment was entered in favor of plaintiff and dismissing the cross complaint of the City of New York against the moving respondent. On January 26, 1956, plaintiff served a copy of said judgment upon the defendant City...

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