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EARLE v. CITY OF NEW YORK

24 A.D.2d 476 (1965)

Beatrice Earle et al., Plaintiffs, v. City of New York, Defendant, and Triborough Bridge and Tunnel Authority, Defendant and Third-Party Plaintiff-Respondent; Andrews, Clark & Buckley, Third-Party Defendants-Appellants

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

June 14, 1965

Order reversed, with $10 costs and disbursements; motion granted; and third-party complaint dismissed, with costs.

The main complaint alleges, in substance, that the defendants negligently: (a) designed the guardrail, with the rail beam protruding beyond the rail post; (b) placed the guardrail too close to the roadway; and (c) maintained the guardrail and roadway in such manner as to constitute a danger and a hazard. In its third-party complaint, the Authority alleges...

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