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BROWN v. CITY OF NEW YORK

40 A.D.2d 785 (1972)

Elizabeth Brown et al., Respondents, v. City of New York, Appellant City of New York, Third-Party Plaintiff-Appellant, v. Lackneer Corporation et al., Third-Party Defendants-Respondents A. De Pinna Company, Fourth-Party Plaintiff-Appellant, v. Allied Maintenance Corporation, Fourth-Party Defendant City of New York, Fifth-Party Plaintiff-Appellant, v. Allied Maintenance Corporation, Fifth-Party Defendant-Respondent

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

November 9, 1972

Except as so modified, the judgment is otherwise affirmed.

Plaintiffs-respondents shall recover of the City of New York $60 costs and disbursements of this appeal. This action, grounded in negligence, was brought against The City alone. Various other parties were then impleaded, including Allied. Pursuant to a stipulation entered into among The City and all impleaded defendants, it was agreed that plaintiffs' case would be tried first to a jury and, thereafter, all...

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