KELLY v. CITY OF NEW YORK


7 A.D.2d 839 (1959)

Luvenia Kelly et al., Plaintiffs, v. City of New York, Defendant and Third-Party Plaintiff-Respondent. Wilson Line Operating Company, Third-Party Defendant-Appellant

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

January 20, 1959


Judgment in favor of the third-party plaintiff, the City of New York, against the third-party defendant is reversed on the law and the third-party complaint is dismissed, with costs to the appellant.

The permit issued by the Department of Marine and Aviation which provides that the third-party defendant will assume full responsibility for any damage to property or injury to persons resulting from this privilege, cannot be construed as unequivocally expressing an intent...

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