NAPLES v. CITY OF NEW YORK


34 A.D.2d 577 (1970)

Donald V. Naples, Plaintiff, v. City of New York et al., Defendants, and Henry E. Bertram & Son, Inc., Defendant and Third-Party Plaintiff-Appellant. Janesville Apparel Co., Third-Party Defendant-Respondent

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

March 30, 1970


Order and judgment reversed, on the law, and motion remitted to Special Term for further proceedings not inconsistent with the views expressed herein, with $10 costs and disbursements to abide the event.

In 1965, plaintiff, then a New York City fireman, commenced this negligence and breach of warranty action against third-party plaintiff ("Bertram"), third-party defendant ("Janesville") and others. The complaint alleged that plaintiff was injured while fighting a...

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