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WEBER v. CITY OF NEW YORK

18 Misc.2d 590 (1959)

Rose Weber et al., Plaintiffs, v. City of New York, Defendant and Third-Party Plaintiff. Claire Solomon, Third-Party Defendant.

Supreme Court, Trial Term, Kings County.

June 1, 1959.

Attorney(s) appearing for the Case

Lawrence D. Unger and Isidore Halpern for plaintiffs.

Peter Campbell Brown, Corporation Counsel (Michael Kilcommons of counsel), for defendant and third-party plaintiff.

McDevitt, Stricker & Needham (Herbert A. McDevitt of counsel), for third-party defendant.

MILTON M. WECHT, J.

Action to recover damages for personal injuries suffered by plaintiff, Rose Weber, as a result of tripping over the cover of a garbage receptacle imbedded in the sidewalk abutting the premises owned by the third-party defendant, Claire Solomon. The plaintiff sued the City of New York, who impleaded the property owner, Claire Solomon, in a third-party action. All three parties entered into a stipulation as follows:

1. That the...

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