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ASHKINAZY v. CITY OF NEW YORK

98 A.D.2d 737 (1983)

Kate Ashkinazy et al., Plaintiffs, v. City of New York, Defendant and Third-Party Plaintiff. Consolidated Edison Co. of New York, Inc., Third-Party Defendant and Fourth-Party Plaintiff; SJJ Equipment Corp., Fourth-Party Defendant-Appellant, and Interboro Asphalt Paving Co., Inc., Now Known as IAP Liquidating Corp., Fourth-Party Defendant-Respondent

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

December 12, 1983

Judgment affirmed, with costs.

Plaintiffs commenced this action against the City of New York to, inter alia, recover for personal injuries sustained when plaintiff Kate Ashkinazy fell into a hole in the roadway. The City of New York impleaded Consolidated Edison Company, which had obtained a permit to excavate in the intersection where the injured plaintiff fell. Consolidated Edison impleaded SJJ Equipment Corp., with whom it had contracted to excavate, backfill...

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