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RIZZO v. CITY OF NEW YORK

98 A.D.2d 688 (1983)

Arthur Rizzo, Appellant, v. City of New York et al., Respondents Edenwald Contracting Company, Inc., et al., Third-Party Plaintiffs-Respondents, v. Civetta and Sons, Inc., et al., Third-Party Defendants-Respondents

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

December 27, 1983

Plaintiff was injured on April 4, 1974 when the construction dump truck he was driving went into an unmarked excavation at a construction site. Issue was joined in March, 1975 in this action to recover for his injuries. A note of issue and statement of readiness were filed in July, 1978. After plaintiff marked the case ready for trial on February 17, 1981, the matter was marked "off" the calendar the same day to accommodate the taking...

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