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CIMINO v. CITY OF NEW YORK

54 A.D.2d 843 (1976)

Dorothy C. Cimino, as Administratrix of The Estate of Jacquino Cimino, Deceased, Appellant, v. City of New York, Appellant, and Peter Gianfrancesco, Respondent City of New York, Third-Party Plaintiff-Appellant, v. Joseph Cory Delivery Services, Inc., Third-Party Defendant-Appellant, and Joseph Cappiello, Third-Party Defendant-Respondent Peter Gianfrancesco, Fourth-Party Plaintiff-Respondent, v. Joseph Cory Delivery Services, Inc., Fourth-Party Defendant-Appellant, and Joseph Cappiello, Fourth-Party Defendant-Respondent

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

November 9, 1976

Unanimously reversed, on the law and in the interest of justice and vacated; complaint against defendant-appellant City of New York dismissed, and third-party complaint of third-party plaintiff-appellant City of New York dismissed as academic; case of plaintiff-respondent-appellant Dorothy C. Cimino, as administratrix of the goods, chattels and credits of Jacquino Cimino, against defendant Peter Gianfrancesco, and case of fourth-party plaintiff Peter Gianfrancesco against...

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