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WHITNEY v. CITY OF NEW YORK

27 A.D.2d 528 (1966)

Anna P. Whitney, as Executrix of Emily Whitney, Deceased, Respondent, v. City of New York et al., Defendants City of New York, Fourth-Party Plaintiff-Appellant, v. New York Telephone Company, Fourth-Party Defendant-Appellant

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

December 20, 1966

Order entered on March 11, 1966, unanimously reversed, on the law and the facts, and the motion to dismiss the complaint is granted, with $50 costs and disbursements to appellants. The motion to dismiss the fourth-party complaint is also granted, without costs or disbursements.

The plaintiff-executrix in this case seeks to hold the city responsible for the death of her decedent. The death was caused by the explosion of a boiler located in a building of the New York...

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