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LININDOLL v. CITY OF NY

112 Misc.2d 257 (1981)

Diane Linindoll et al., Plaintiffs, v. City of New York, Defendant. Elizabeth Perrin et al., Plaintiffs, v. City of New York, Defendant.

Supreme Court, Special Term, Albany County.

December 18, 1981

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Eric C. Thompson of counsel), for defendant. E. Stewart Jones and Robert M. Cohen for plaintiffs.

VINCENT G. BRADLEY, J.

Calendar No. 135 and No. 136 are hereby consolidated for disposition. Defendant, the City of New York, moves to dismiss pursuant to CPLR 3211 (subd [a], par 7) on the grounds that the claim in both actions fails to state a cause of action.

Plaintiffs in both cases for both actions against the City of New York have personal injuries suffered when a taxicab in which the Perrins and Mrs. Linindoll were riding was struck by...

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