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GREEN v. NEW YORK CITY HOUS. AUTH.

55 N.Y.2d 966 (1982)

Bruce Green, an Infant, by His Mother and Natural Guardian, Fannie Green, et al., Appellants, v. New York City Housing Authority, Defendant-Respondent and Third-Party Plaintiff-Respondent. Metaloc Corp., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided February 16, 1982.

Attorney(s) appearing for the Case

Anthony Gentile, Lewis I. Wolf and Philip M. Damashek for appellants.

William F. Larkin for defendant-respondent.

Thomas F. Dunn for third-party defendant-respondent.

Concur: Judges JASEN, GABRIELLI, JONES and WACHTLER. Judge FUCHSBERG dissents and votes to reverse in an opinion in which Chief Judge COOKE and Judge MEYER concur.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (82 A.D.2d 780).

FUCHSBERG, J. (dissenting).

The extraordinary process of legal thought by which it is possible to say that the plaintiffs failed to make out a cause of action is difficult to discern.

The prima facie proof, almost entirely undisputed, tells its own tale. Plaintiff mother and her four young children...

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