Elliot Maddox et al., Respondents,
v.
City of New York et al., Defendants and Third-Party Plaintiffs-Appellants. D. Reiner, Inc., Third-Party Defendant-Appellant; New York Yankees, Third-Party Defendant and Fourth-Party Plaintiff-Respondent; American League of Professional Baseball Clubs, Fourth-Party Defendant-Appellant. (Action No. 1.)
Elliot Maddox, Respondent,
v.
Thomas Crimmins Contracting Company, Respondent, and U. R. S. Madigan-Praeger, Inc., Appellant. (Action No. 2.)
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
April 1, 1985
April 1, 1985
Attorney(s) appearing for the Case
Frederick A. O. Schwarz, Jr., Corporation Counsel (Leonard Koerner, June A. Witterschein and Marvin R. Kwartler of counsel), for City of New York, defendant and third-party plaintiff-appellant.
Burke, Curry, Hammill & O'Brien (Marshall D. Sweetbaum of counsel), for Metropolitan Baseball Club, Inc., defendant and third-party plaintiff-appellant.
Newman & Schlau, P. C. (Philip Schlau, David T. Fowler and Anthony J. Briguglio of counsel), for D. Reiner, Inc., third-party defendant-appellant.
Ahmuty, Demers & McManus (Michael J. Rabus of counsel), for fourth-party defendant-appellant.
Wilson, Elser, Edelman & Dicker (Thomas W. Hyland, James L. Fischer and John H. Somoza of counsel), for U. R. S. Madigan-Praeger, Inc., defendant-appellant.
Lipsig, Sullivan & Liapakis, P. C. (Harry H. Lipsig, Pamela Anagnos Liapakis, Robert Gray Sullivan and Cyrus M. Diamond of counsel), for Elliot Maddox and another, plaintiffs-respondents.
Pizzitola & Inzerillo (Robert F. Saunderson on the brief), for New York Yankees, third-party defendant and fourth-party plaintiff-respondent.
John J. Wrenn (Joanne Redden of counsel), for Thomas Crimmins Contracting Company, respondent.
TITONE, J. P., MANGANO, GIBBONS and O'CONNOR, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Second Department.
Per Curiam.
These actions stem from an incident which occurred on June 13, 1975, when Elliot Maddox, centerfielder for the New York Yankees, slipped and fell while fielding a ball during the ninth inning of a nighttime game against the Chicago White Sox; at the time the Yankees were playing at Shea Stadium since Yankee Stadium was undergoing extensive renovation. Thereafter, plaintiffs brought suit against various defendants...
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