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MESSINA v. CITY OF NEW YORK

169 A.D.2d 522 (1991)

Thomas Messina et al., Respondents, v. City of New York, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. Duncanson Electric, Incorporated, Third-Party Defendant-Appellant

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

January 17, 1991

Third-party defendant Duncanson moved for summary judgment dismissing the city's third-party complaint, since the city had failed to comply with a previous order directing the city to comply with Duncanson's discovery demands. The city asserted that its failure to comply was due to "administrative mistake". The IAS court denied the summary judgment motion and ordered the city to pay third-party defendant $500 as compensation for...

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