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ALESI v. CITY OF NEW YORK

9 A.D.2d 236 (1959)

Concetta R. Alesi, as Administratrix of The Estate of Ignazio R. Alesi, Deceased, Appellant-Respondent, v. City of New York, Respondent-Appellant; Consolidated Edison Company of New York, Appellant-Respondent, and New York Telephone Company, Respondent City of New York, Third-Party Plaintiff-Appellant, v. Empire City Subway Company (Limited), Third-Party Defendant-Respondent Consolidated Edison Company of New York, Inc., Third-Party Plaintiff-Appellant, v. Empire City Subway Company (Limited), Third-Party Defendant-Respondent

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

November 17, 1959.

Attorney(s) appearing for the Case

Benjamin Adler of counsel (Gustave G. Rosenberg with him on the brief; Gustave G. Rosenberg and Lawrence M. Rosenberg, attorneys), for administratrix, appellant-respondent.

John A. Murray of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel, attorney), for respondent-appellant.

John M. Keegan of counsel (William F. McCauley with him on the brief; Keegan & Clarke, attorneys), for Consolidated Edison Company of New York, Inc., third-party plaintiff-appellant.

Frank A. Fritz of counsel (G. Wallace Bates, attorney; Bleakley, Platt, Walker, Hart & Fritz of counsel), for third-party defendant-respondent.

RABIN, M. M. FRANK, VALENTE and BERGAN, JJ., concur.

BOTEIN, P. J.

In this action by an administratrix to recover damages for the death of her intestate, defendant Consolidated Edison Company of New York, Inc. (hereinafter "Edison") appeals from a judgment in favor of plaintiff after trial by the court without a jury. The judgment also dismissed plaintiff's complaint against defendant City of New York ("City") and New York Telephone Company ("Telephone"), as well...

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