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POLATSCHEK v. CITY OF NEW YORK

39 A.D.2d 584 (1972)

Anna C. Polatschek, as Administratrix of The Estate of Bernard Polatschek, Deceased, Respondent, et al., Plaintiff, v. City of New York et al., Appellants-Respondents, and Trio Industries, Inc., Appellant City of New York, Third-Party-Plaintiff, v. Schumacher & Farley Plumbing and Heating, Inc., Third-Party-Defendant

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

April 17, 1972

Judgment modified on the law insofar as appealed from, by (a) striking out so much of its first decretal paragraph as adjudged that plaintiff recover against Caristo Construction Corp. and Trio Industries, Inc., and plaintiff's complaint with respect to them is dismissed, (b) striking out the entire second and third decretal provisions relating to the recoveries under the cross complaints and such cross complaints are dismissed, and (c) striking out so much of the fourth...

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