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  5. 69 N.Y.2d 844 (1987)
 

RANDOLPH v. CITY OF NEW YORK

69 N.Y.2d 844 (1987)

Howard Randolph, Individually and as Administrator of The Estate of Bessie Randolph, Deceased, Appellant, v. City of New York et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 19, 1987.

Attorney(s) appearing for the Case

Martin Diennor and Abraham Fuchsberg for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Alfred Weinstein and Leonard Koerner of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be modified by reinstating the complaint against defendants Foster and New York City Health and Hospitals Corporation and granting a new trial as against those defendants and, as so modified, affirmed, with costs to plaintiff against defendants Foster and New York City Health and Hospitals Corporation and with costs to defendant City of New York against plaintiff.

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