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BRUNO v. CITY OF MIDDLETOWN

99 Misc.2d 742 (1979)

Palmira Bruno, Individually and as Parent and Natural Guardian of Jennifer M. Bruno, an Infant, et al., Plaintiffs, v. City of Middletown et al., Defendants. Middletown & New Jersey Railway Company, Third-Party Plaintiff, v. Town of Wawayanda, Third-Party Defendant.

Supreme Court, Orange County.

May 21, 1979

Attorney(s) appearing for the Case

John S. McBride for plaintiffs. Cline, MacVean, Lewis & Sherwin, P. C., for City of Middletown, defendant. Hurley, Fox & Selig for third-party defendant. Oppenheim, Drew & Kane for defendant and third-party plaintiff.

JOHN W. SWEENY, J.

On March 24, 1978, the infant plaintiff was injured when she allegedly fell into a hole located between railroad tracks at a point where they cross Chestnut Avenue in the City of Middletown. When plaintiffs brought suit against the city and the Middletown & New Jersey Railway Co. (Railroad), the defendant Railroad commenced a third-party action against the Town of Wawayanda based on an...

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