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DALMAZIO v. CITY OF NEW YORK

116 Misc.2d 177 (1981)

Gaspare Dalmazio et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Trial Term, New York County.

September 14, 1981

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Alan R. Schwartz of counsel), for City of New York, defendant. Howard J. McGratty and John Talay for Carl Koch Erection Company, Inc., defendant. Danzig, Bunks & Silk (Abe Bunks of counsel), for plaintiff.

BETTY W. ELLERIN, J.

In this negligence action, the defendant city has moved for an order dismissing plaintiff's claim and codefendant's cross claim against it on the ground that no basis for the claimed liability of the city exists.

The accident occurred on the north-bound lane of the Henry Hudson Parkway between 72nd and 82nd Streets on October 9, 1975 when plaintiff's automobile came into contact with construction barricades erected by the...

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