BRUNO v. CITY OF MIDDLETOWN


72 A.D.2d 803 (1979)

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

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

November 26, 1979


Order modified by deleting therefrom the provision dismissing the second cross claim interposed by the appellant against the City of Middletown and the second cross claim is reinstated. As so modified, order affirmed insofar as appealed from, without costs or disbursements.

On March 24, 1978 Jennifer Bruno was injured when she fell into a hole located between railroad tracks at a point where they cross Chestnut Avenue in the City of Middletown. The instant action...

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