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MUALLEM v. CITY OF N.Y.

104 Misc.2d 207 (1980)

Channa S. Muallem, Individually and as Natural Guardian of Daniel E. Muallem, an Infant, Plaintiff, v. City of New York et al., Defendants. Harry Franco, Third-Party Plaintiff, v. Casimaro Buonocore, Third-Party Defendant.

Supreme Court, Special Term, Kings County.

May 13, 1980.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson for City of New York, defendant. Fogarty, Wynne, Martini, Purcell & Byrne for Harry Franco, defendant and third-party plaintiff. J. Robert Morris for third-party defendant. John Anthony Bonina for plaintiff.

JOHN A. MONTELEONE, J.

In this action for damages based on the alleged negligence of the defendants, City of New York and Harry Franco, said defendants separately move for summary judgment dismissing plaintiff's complaint for failure to state a cause of action.

On June 11, 1970 Daniel Muallem, then nine years old, was injured while riding a bicycle on the sidewalk in front of premises owned by defendant...

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