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BERLINER v. KACOV

79 Misc.2d 891 (1974)

Diane Berliner et al., Plaintiffs, v. Sara Kacov et al., Defendants. City of New York, Third-Party Plaintiff, v. Nathan Levine et al., Third-Party Defendants.

Supreme Court, Trial Term, Kings County.

June 13, 1974

Attorney(s) appearing for the Case

Joseph Lloyd Barnett and Donald Sherwood for plaintiffs. Raymond J. MacDonald and Ernest Shapiro for Sara Kacov and another, defendants. Adrian P. Burke, Corporation Counsel (George Weiler of counsel), for third-party plaintiff. Mele & Cullen (John Ryan of counsel), for Nathan Levine and another, third-party defendants.

JOSEPH P. IMPERATO, J.

This court awarded $32,500 to plaintiff Diane Berliner after a nonjury trial of the damage portion of this negligence action, as against the prime defendants Kacov and the City of New York. The court reserved decision on the city's application for the allocation of the damages as between the City of New York and the third-parties Levine, on the basis of the following relevant facts:

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