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SPOTO v. CITY OF NEW YORK

83 A.D.2d 608 (1981)

Peter Spoto, Respondent, v. City of New York, Respondent, and Buzzetta Construction Corp., Appellant, et al., Defendants

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

July 20, 1981

Interlocutory judgment affirmed, with one bill of costs.

No opinion.

Titone, J. P., dissents and votes to reverse the interlocutory judgment and grant a new trial, with the following memorandum:

In the early morning hours of October 27, 1973 plaintiff Peter Spoto was found lying alongside an open manhole, in the vicinity of the easterly corner curb of West Street and Shore Parkway, in the borough of Brooklyn, New York City. Plaintiff testified...

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