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TIMMONS v. HARVEY

85 A.D.2d 840 (1981)

J. Patrick Timmons, as Executor of Rose Timmons, Deceased, Respondent-Appellant, v. Arthur J. Harvey et al., Defendants, and City of Albany, Appellant-Respondent

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

December 23, 1981

On October 31, 1978, plaintiff's decedent perished in a fire which engulfed an apartment building located at 17 Elk Street in the City of Albany. Subsequently, plaintiff commenced the present action against, inter alia, defendant City of Albany, and he seeks a recovery against the city based upon allegations that its negligence caused the death of his decedent. Relying on the doctrine of sovereign immunity, the city moved, on November 2, 1979, to dismiss the complaint...

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