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JOHNSON v. RIGGIO REALTY CORP

141 Misc.2d 607 (1988)

Richard J. Johnson et al., Plaintiffs, v. Riggio Realty Corp., Defendant, and K&s Deli Corp., Defendant and Third-Party Plaintiff. Olympic Sheet Metal, Inc., Third-Party Defendant.

Supreme Court, New York County.

September 28, 1988

Attorney(s) appearing for the Case

Lipsig, Sullivan & Liapakis for plaintiffs. Rein, Mound, Cotton for Riggio Realty Corp., defendant.

ETHEL B. DANZIG, J.

Plaintiffs move to dismiss defendant's affirmative defense of plaintiff's contributory negligence asserted in response to plaintiff's statutory cause of action under General Municipal Law § 205-a (CPLR 3211 [b]).

This is an action to recover damages for personal injury, lost wages, conscious pain and suffering and loss of consortium sustained by plaintiff Richard J. Johnson...

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