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MORALES v. CITY OF NEW YORK

70 N.Y.2d 981 (1988)

Sol Marta O'C. Morales, as Administratrix of The Estate of Jose S. Ballester, Deceased, et al., Appellants-Respondents, v. City of New York et al., Defendants, Washington Bros. Realty, Inc., Respondent-Appellant, and Power Test Petroleum Distributors, Inc., et al., Respondents. (Action No. 1.) Jamie Feliz, as Administrator of The Estate of Evelyn Sanchez, Deceased, et al., Appellants-Respondents, v. City of New York et al., Defendants, and Washington Bros. Realty, Inc., Respondent-Appellant and Third-Party Plaintiff-Appellant. City of New York et al., Third-Party Defendants; Power Test Petroleum Distributors, Inc., et al., Third-Party Defendants-Respondents. (Action No. 2.)

Court of Appeals of the State of New York.

Decided February 9, 1988.

Attorney(s) appearing for the Case

Herman Schmertz for Sol Marta O'C. Morales and others, appellants-respondents.

David Kapell for Jamie Feliz and others, appellants-respondents.

Lewis I. Wolf for respondent-appellant.

Patrick J. Dwyer and Louise A. Derevlany for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiffs seek to recover for death and injuries sustained by patrons of a social club burned by arsonists in October of 1976. The gasoline used as an accelerant was purchased by the arsonists at a Power Test gasoline station, where it was pumped by an attendant into a plastic milk container supplied by the arsonists. The plaintiffs seek...

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