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THOMSON v. CITY OF NEW ROCHELLE

26 N.Y.2d 1047 (1970)

Alexander Thomson, Plaintiff, v. City of New Rochelle, Defendant, New Rochelle Water Company, Respondent, and Cecelia Schulman, Appellant.

Court of Appeals of the State of New York.

Decided May 13, 1970.

Attorney(s) appearing for the Case

Richard D. Smith for appellant.

John J. Bradbury and J. Robert Morris for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Order reversed, with costs, and judgment directed for appellant on her cross claim against respondent upon the ground that, as between the Water Company and Schulman, the Water Company had the primary duty to correct the condition which was the proximate cause of the accident...

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