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MOLINARO v. CITY OF NEW YORK

12 A.D.2d 976 (1961)

Anthony Molinaro, an Infant, by Lorenzo Molinaro, His Guardian ad Litem, et al., Respondents, v. City of New York, Defendant-Appellant and Third-Party Plaintiff-Appellant. Consolidated Edison Company of New York, Inc., Third-Party Defendant-Respondent

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

February 20, 1961

Judgment affirmed, with costs.

No opinion.

Ughetta, J., concurs in the affirmance of the judgment insofar as it dismisses defendant city's third-party complaint, but dissents from the affirmance insofar as it sustains the judgment in favor of plaintiffs against said defendant and votes to reverse the judgment in this respect and to dismiss the complaint, with the following memorandum: The infant plaintiff, then a boy seven years of age, while...

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