WOOD v. CITY OF NEW YORK


39 A.D.2d 534 (1972)

Thomas E. Wood, Plaintiff, v. City of New York, Defendant; Edward T. Zielinski, Respondent, and Frederick W. Pomerenke et al., Appellants

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

April 20, 1972


Unanimously reversed, on the law, without costs and without disbursements, and the motion to dismiss cross claim is denied.

The plaintiff had complained that the codefendants had sold intoxicating liquor to Zielinski while he was intoxicated, and so violated section 65 of the Alcoholic Beverage Control Law; the codefendants cross-claimed against Zielinski, the alleged perpetrator of the plaintiff's injuries. Special Term granted motion to dismiss the cross complaint...

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