THORNTON v. CITY OF NEW YORK


21 A.D.2d 813 (1964)

James H. Thornton, Respondent, v. City of New York, Appellant-Respondent; C. J. Caccavallo & Sons, Inc., Appellant, and John Scotti & Sons, Inc., Appellant-Respondent, et al., Defendants

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

June 15, 1964


Judgment modified on the law and the facts as follows: (a) by striking out its last decretal paragraph; and (b) by substituting therefor a provision directing that the defendant C. J. Caccavallo & Sons, Inc., have recovery over on its cross complaint against defendant John Scotti & Sons, Inc., to the extent of plaintiff's recovery in the action. As so modified, the judgment, insofar as appealed from, is affirmed, with one bill of costs to plaintiff against the three...

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