A. J. EVERS v. CITY OF NEW YORK


90 A.D.2d 786 (1982)

A. J. Evers, Also Known as Arthur J. Evers Corp., by its Subrogee/Assignee International Transport, Inc., Appellant, v. City of New York, Respondent

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

November 8, 1982


Order reversed, on the law and as a matter of discretion in the interest of justice, without costs or disbursements, and motion denied.

On September 2, 1980, plaintiff, A. J. Evers, filed a notice of claim with the City of New York alleging that a piece of machinery (i.e., a "press") had been damaged on June 13, 1980 as the result of a collision between the press (which was then being transported on the back of a "flat-bed" truck) and a bent-down metal girder hanging...

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