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De PAOLIS v. CITY OF NY

105 Misc.2d 307 (1980)

Edward De Paolis, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Trial Term, Kings County.

September 26, 1980.

Attorney(s) appearing for the Case

Reisler & Silverstein (Walter Silverstein of counsel), for plaintiff. Allen G. Schwartz, Corporation Counsel, and Shearman & Sterling (Dennis P. Orr of counsel), for City of New York, defendant. Held, Spector & Sternberg (Jerome L. Steinberg of counsel), for Joseph Schirripa and another, defendants. John J. Brandt, John J. Wrenn and Sarah Sholes for Josephine Prestianni, defendant.

GERARD M. WEISBERG, J.

The question presented is whether a "Dole" cross claim for contribution* must be dismissed because of an admission in defense counsel's opening statement exculpating a codefendant.

Plaintiff Edward De Paolis was a passenger in a motor vehicle owned and operated by defendants Rocco and Joseph Schirripa when it collided with a motor vehicle operated...

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