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WHITNEY v. CITY OF NEW YORK

49 Misc.2d 901 (1966)

Anna P. Whitney, as Administratrix of The Estate of Emily Whitney and on Behalf of the Next of Kin to Said Emily Whitney, Deceased, Plaintiff, v. City of New York et al., Defendants. W. J. Barney Corporation, Third-Party Plaintiff, v. New York Telephone Company, Third-Party Defendant. City of New York, Fourth-Party Plaintiff, v. New York Telephone Company, Fourth-Party Defendant.

Supreme Court, Special Term, New York County.

March 10, 1966

Attorney(s) appearing for the Case

Francis J. Coughlin for plaintiff. Paul, Weiss, Rifkind, Wharton & Garrison (Martin Kleinbard and William S. Wells of counsel), for New York Telephone Co. Leo A. Larkin, Corporation Counsel, for City of New York.

IRVING L. LEVEY, J.

This is a motion under CPLR 3211 (subd. [a], par. 7) by the fourth-party defendant, New York Telephone Company, for judgment dismissing both the plaintiff's complaint against the City of New York and the city's fourth-party complaint against the telephone company. The defendant urges that, under the express allegations of plaintiff's complaint and bill of particulars, the city owed no duty in tort, as a matter of law, to plaintiff...

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