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BABINO v. CITY OF NEW YORK

234 A.D.2d 241 (1996)

650 N.Y.S.2d 778

Cono Babino et al., Appellants, v. City of New York, Respondent, Perez Interboro Asphalt Co., Inc., Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Welsbach Electric Corp., Third-Party Defendant-Respondent

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

December 2, 1996

Ordered that the order is affirmed, with one bill of costs.

The plaintiff Cono Babino was allegedly struck by a temporary traffic control signal and pole while standing at the intersection of Metropolitan and Graham Avenues in Brooklyn. The defendant Perez Interboro Asphalt Co., Inc., and the third-party defendant Welsbach Electric Corp., separately moved, inter alia, for summary judgment dismissing the complaint on the ground that it failed to state how the...

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