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CWICK v. CITY OF ROCHESTER

107 A.D.2d 1074 (1985)

Ruth Cwick, Individually and as Administratrix of The Estate of Edward W. Cwick, Deceased, Appellant, v. City of Rochester et al., Defendants, and Great Lakes Dredge & Dock Company et al., Respondents. (And a Third-Party Action.) (Appeal No. 2.)

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

January 29, 1985

Order unanimously reversed, without costs, and motion denied.

Memorandum:

On motion of defendant Joint Venture pursuant to CPLR 3211 (subd [a], par 7), Special Term improperly dismissed the second cause of action in the further amended complaint dated March 10, 1981, alleging a breach of the warranty of seaworthiness. Plaintiff's further amended complaint of March 10, 1981 reasserts the allegations of her complaint...

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