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  5. 33 A.D.2d 175 (1969)
 

GILBERT PROPS. v. CITY OF N. Y.

33 A.D.2d 175 (1969)

Gilbert Properties, Inc., Respondent, v. City of New York et al., Defendants-Appellants, and Third-Party Plaintiffs-Respondents. New York City Housing Authority, Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

December 2, 1969.

Attorney(s) appearing for the Case

Beatrice Rothman of counsel (Alfred Weinstein with her on the brief; J. Lee Rankin, Corporation Counsel), for City of New York and another, appellants.

William F. McNulty of counsel (Daniel J. Coughlin, attorney), for New York City Housing Authority, appellant.

Martin Block of counsel (Seymour L. Colin, attorney), for respondent.

STEVENS, P. J., and TILZER, J., concur with McNALLY, J.; McGIVERN, J., dissents in opinion, in which EAGER, J., concurs.

McNALLY, J.

In this action to recover for property damage, defendants City of New York and Board of Education of the City of New York appeal from a judgment in the sum of $15,303.05 after a jury trial. Judgment over was directed in favor of defendants-appellants as against the third-party defendant-appellant, New York City Housing Authority.

The City of New...

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