FASS v. CITY OF NEW YORK


40 A.D.2d 772 (1972)

Dorothy Fass et al., Respondents, v. City of New York et al., Appellants, and Sicilian Asphalt Paving Co., Respondent

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

November 9, 1972


Plaintiffs-respondents shall recover of appellant Consolidated Edison $60 costs and disbursements of this appeal. The trial court's decision dismissed the city's cross complaint on the ground that the city was an active tort-feasor and therefore could not recover over against Consolidated Edison. However, the decision was rendered before Dole v. Dow Chem. Co., (30 N.Y.2d 143) which changed the rule theretofore existing; and held...

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