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HOWARD v. CITY OF N. Y.

38 A.D.2d 89 (1971)

Florence I. Howard, as Administratrix of The Estate of James A. Howard, Deceased, Respondent, v. City of New York, Defendant, and Thomas Hickey et al., Appellants

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

December 20, 1971.

Attorney(s) appearing for the Case

Coppola & Lawless (William F. Larkin of counsel), for James Cassese, appellant.

Patrick J. Hughes for Thomas Hickey, appellant.

Julius Itzkowitz for respondent.

LATHAM, Acting P. J., CHRIST, BRENNAN and BENJAMIN, JJ., concur.

GULOTTA, J.

These appeals bring up for review the correctness of two decisions which, upon reargument, disallowed the pleading of a defense of res judicata by two of the defendants — Cassese, the owner of one of the automobiles involved in the accident upon which this action is based, and Hickey, the thief who was driving Cassese's car and who appears in the action by the Motor Vehicle Accident...

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