KIERNAN v. CITY OF NEW YORK


102 A.D.2d 731 (1984)

James M. Kiernan, Respondent, v. City of New York et al., Respondents, and Salvatore Russo, Inc., Appellant

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

June 14, 1984


¶ The plaintiff, a fireman, sustained injuries when a retaining wall along which he was walking gave way while he was attempting a rescue at 434 East 115th Street. The complaint sets forth two causes of action against several defendants, one alleging negligence and the other asserting a violation of section 205-a of the General Municipal Law. ¶ The defendant Salvatore Russo, Inc. (Russo) appeals from the order denying its motion for summary judgment dismissing the...

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