RUPP v. NEW YORK CITY TRANSIT AUTH.


15 A.D.2d 800 (1962)

Susan Rupp, an Infant, by Jane Rupp, Her Guardian ad Litem, et al., Appellants, v. New York City Transit Authority, Defendant, and City of New York, Respondent City of New York, Third-Party Plaintiff, v. Marcam Construction Co., Third-Party Defendant

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

February 13, 1962


Order of the Appellate Term insofar as it relates to plaintiffs and their action against the defendant city, reversed on the law and the facts, with costs to plaintiffs in this court and in the Appellate Term against the city; judgment of the City Court, as resettled, reinstated insofar as such judgment is in favor of plaintiffs against defendant city; and a third-party action as between the city and Marcam severed and remitted to the City Court for further proceedings not...

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