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HARTLEY v. CITY OF NEW YORK

163 Misc.2d 540 (1994)

621 N.Y.S.2d 789

James Hartley et al., Plaintiffs, v. City of New York et al., Defendants. Healy Tibbitts Construction Co., Inc., Third-Party Plaintiff, v. MVN Associates, Inc., Third-Party Defendant.

Supreme Court, Kings County.

November 3, 1994

Attorney(s) appearing for the Case

Jacobowitz, Garfinkel & Lesman, New York City, for Healy Tibbitts Construction Co., Inc., defendant and third-party plaintiff. Ahmuty, Demers & McManus, Albertson, for City of New York, defendant. Smith & Laquericia, New York City, for MVN Associates, Inc., third-party defendant. Lazarowitz & Manganillo, P. C., Brooklyn, for plaintiffs.

RANDOLPH JACKSON, J.

The plaintiff, James Hartley, was allegedly injured on or about October 3, 1989 while working as a commercial diver in the employ of MVN Associates, Inc. (MVN). MVN had contracted with Healy Tibbitts Construction Co., Inc. (Healy) to supply divers in conjunction with Healy's contract with the City of New York (City) to undertake an outfall sewer project at the Owls Head Water Pollution...

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