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POLATSCHEK v. CITY OF NEW YORK

33 N.Y.2d 795 (1973)

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

Court of Appeals of the State of New York.

Decided November 21, 1973.

Attorney(s) appearing for the Case

Norman Redlich, Corporation Counsel (Irving Genn and Stanley Buchsbaum of counsel), for City of New York, appellant.

Asher Marcus and Peter James Johnson for Caristo Construction Corp., respondent-appellant.

William F. McNulty, Albert P. Thill and Anthony J. McNulty for Trio Industries, Inc., respondent.

Norman Goldsmith and Donald Miller for plaintiff-respondent.

Arnold Davis, Herbert Lasky and Philip Waters for third-party defendant-respondent.

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

On the appeal by the City of New York: Order affirmed, with costs to the prevailing parties; no opinion.

On the appeal by Caristo Construction Corp.: Appeal dismissed, without costs, upon the ground that appellant is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd. [a...

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