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CARGEL v. CITY OF YONKERS

11 A.D.2d 716 (1960)

Barbara A. Cargel, Respondent, et al., Plaintiff, v. City of Yonkers et al., Appellants-Respondents, and Messina & Briante, Inc., Appellant

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

June 20, 1960

Judgment of April 15, 1958, affirmed, with costs against defendant Messina only. No opinion. Judgment of October 14, 1958, affirmed, without costs.

Ughetta, J., dissents and votes to reverse the judgments and to dismiss the complaint and cross complaint, with the following memorandum:

In accordance with resurfacing construction in Getty Square, Yonkers, the defendant subcontractor Messina, as of Friday...

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