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CITOWITZ v. CITY OF NEW YORK

77 A.D.2d 642 (1980)

Richard Citowitz et al., Respondents, et al., Plaintiffs, v. City of New York et al., Appellants-Respondents. (Action No. 1.) Walter Mischke et al., Respondents, v. City of New York et al., Appellants-Respondents. (Action No. 2.) Alfred Bold et al., Respondents-Appellants, v. City of New York et al., Appellants-Respondents, et al., Defendants. (Action No. 3.) Thomas J. Kilkenny et al., Respondents, v. Mobil Oil Corporation et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. City of New York, Third-Party Defendant-Respondent-Appellant. (Action No. 4.)

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

July 28, 1980

Interlocutory judgment and order affirmed, with one bill of costs payable jointly to plaintiffs appearing separately and filing separate briefs.

The male plaintiffs were firemen who were injured by an explosion in their firehouse on May 14, 1974, as defendant Block, an employee of defendant Mobil Oil finished making a delivery of gasoline. The jury's finding of negligence with respect to the defendants was supported by a preponderance of the credible evidence in the...

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