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DeLEO v. CITY OF NEW YORK

204 A.D.2d 384 (1994)

612 N.Y.S.2d 57

Angelina DeLeo, Individually and as Administratrix of The Estate of Ernest DeLeo, Deceased, Respondent, v. City of New York et al., Defendants, First Jeffersonian, Respondent, and Elite Associates, Inc., Defendant and Third-Party Plaintiff-Appellant-Respondent. All Boro Utility, Third-Party Defendant-Respondent-Appellant

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

May 9, 1994

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the defendant-respondent.

On the evening of February 16, 1985, the decedent Ernest DeLeo was driving along Kent Avenue in Brooklyn when his vehicle allegedly struck a three to four foot high mound of dirt on the west side of the roadway. DeLeo's vehicle tipped over and burst into flames, and DeLeo, who was seriously burned, died of his injuries approximately three weeks later. The...

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