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KLAYMAN v. CITY OF NEW YORK

134 A.D.2d 408 (1987)

Steve Klayman, Respondent, v. City of New York et al., Respondents, and Michael Savarese et al., Appellants-Respondents. (Action No. 1.) Carol Ceo, Individually and as Executrix of Carl Ceo, Deceased, Respondent-Appellant, and William Carroll et al., Respondents, v. Jose Rivas et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. City of New York, Third-Party Defendant-Respondent-Appellant. (Action No. 2.) Michael Savarese, Appellant, v. City of New York et al., Respondents. (Action No. 3.)

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

November 16, 1987

Ordered that the motion and cross motions are granted to the extent of adding at the end of the fourth line of the second decretal paragraph of the decision and order of this court dated May 11, 1987, after the words "except for", the words "(a) the issue of whether William Carroll, Jose Rivas and Michael Savarese were to some degree at fault in the happening of the accident, (b) the issue of the vicarious liability of the City of New York for the fault of its employee William...

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