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D'AMBROSIO v. CITY OF NEW YORK

79 A.D.2d 965 (1981)

Diane M. D'Ambrosio, an Infant, by Her Mother and Natural Guardian, Rose D'Ambrosio, Respondent, et al., Plaintiff, v. City of New York, Defendant and Third-Party Plaintiff-Respondent. Harriet S. Hopp, Third-Party Defendant-Appellant

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

January 29, 1981

Affirmed, with costs, for the reasons stated at Appellate Term.

Kupferman, J. P., dissenting.

I would reverse and reinstate the judgment of the Civil Court. The plaintiff, a minor at the time of the accident, suffered injuries when she tripped over a metal disk imbedded in the sidewalk. She sued the city alleging that it had negligently caused and permitted this dangerous condition to exist. The city then claimed over against the owner of the...

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