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SANTORELLI v. CITY OF NEW YORK

77 A.D.2d 825 (1980)

Carmine Santorelli et al., Plaintiffs, v. City of New York, Defendant and Third-Party Plaintiff-Appellant. Rolford Realty Corp., Third-Party Defendant-Respondent

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

August 7, 1980

Reversed, on the law, to the extent appealed from, and the dismissal of the third-party complaint of the City of New York vacated, the third-party complaint reinstated, and the matter remanded for trial with respect to the issues thereby raised, without costs.

Plaintiff, Carmine Santorelli, brought suit against the City of New York, to recover for injuries suffered by him in a fall which resulted from his tripping over a street level oil filler cap. The filler cap...

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