MALLGRAF v. CITY OF NEW YORK


166 A.D.2d 507 (1990)

Michael W. Mallgraf et al., Respondents, v. City of New York, Defendant, and Herbert Walker et al., Appellants

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

October 9, 1990


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the motion of the defendants Herbert Walker and Mary Walker to dismiss the cause of action based on General Municipal Law § 205-a is granted, the complaint is dismissed insofar as it is asserted against them, and the action against the remaining defendant is severed.

The evidence submitted in support of the motion for summary judgment established that the...

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