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KLAYMAN v. CITY OF NEW YORK

130 A.D.2d 551 (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.

May 11, 1987

Ordered that the cross appeal by Carol Ceo is dismissed, without costs or disbursements, as she is not aggrieved by that portion of the judgment cross-appealed from by her (see, CPLR 5511); and it is further,

Ordered that the judgment is reversed insofar as appealed from, and cross-appealed from by the City of New York, on the facts, and in the exercise of discretion, without costs or disbursements, and a new trial is granted on all issues except for the issues...

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