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  5. 33 N.Y.2d 555 (1973)
 

BURNS v. CITY OF BINGHAMTON

33 N.Y.2d 555 (1973)

John B. Burns et al., Respondents, v. City of Binghamton, Defendant, and Binghamton Housing Authority, Defendant and Third-Party Plaintiff-Appellant. Avella Construction Co., Inc. et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided July 2, 1973.

Attorney(s) appearing for the Case

Kevin F. McDonough for defendant and third-party plaintiff-appellant.

Frederick V. Marsi and Lloyd C. Anderson for Marvin Ames and others, third-party defendants-respondents.

Paul C. Gouldin for Avella Construction Co., Inc., third-party defendant-respondent.

Donald W. Kramer for plaintiffs-respondents.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.

Order affirmed, without costs...

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