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  5. 44 N.Y.2d 976 (1978)
 

TORRES v. CITY OF NEW YORK

44 N.Y.2d 976 (1978)

Carlos Torres, Jr., Plaintiff, v. City of New York et al., Appellants, et al., Defendant, and Beekman Downtown Hospital, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1978.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Bernard Burstein and L. Kevin Sheridan of counsel), for appellants.

James M. O'Brien for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur in memorandum; Judge FUCHSBERG dissents and votes to reverse on the dissenting opinion by Mr. Justice VINCENT D. DAMIANI at the Appellate Division (-650).

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On this appeal our review is limited to so much of the order of the Appellate Division as affirmed the dismissal of the claim of the City of New York for contribution by Beekman Downtown Hospital. There is no evidence in this record of negligence on the part of the hospital or its employees which the jury might have found was the proximate...

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