D'AVILA v. CITY OF NEW YORK


205 A.D.2d 729 (1994)

613 N.Y.S.2d 435

Robert D'Avila, Respondent, v. City of New York, Defendant and Third-Party Plaintiff-Appellant. New York City Transit Authority, Third-Party Defendant-Appellant

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

June 27, 1994


Ordered that the order is reversed insofar as appealed from, on the law, the motion and the cross motion are granted, and the complaint and the third-party complaint are dismissed; and it is further,

Ordered that the appellants are awarded one bill of costs.

The decedent, an employee of the third-party defendant, New York City Transit Authority (hereinafter NYCTA), was killed when a subway train crashed into a crane that he was operating on the subway tracks...

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