RYAN v. NEW YORK TEL. CO.


94 A.D.2d 646 (1983)

Edward C. Ryan et al., Respondents, v. New York Telephone Company et al., Appellants and Third-Party Plaintiffs. City of New York, Third-Party Defendant

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

May 12, 1983


Respondents shall recover of appellants $75 costs and disbursements of this appeal.

Sullivan and Alexander, JJ., dissent in a memorandum by Alexander, J., as follows:

I would reverse the order below and grant the cross motion of the defendants for partial summary judgment dismissing the first, second, third, sixth, and seventh causes of action and deny the plaintiff-appellant's motion to strike the affirmative defenses of res judicata and collateral...

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