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PHILLIPS v. CITY OF NEW YORK

228 A.D.2d 570 (1996)

644 N.Y.S.2d 764

Neil Phillips, Appellant, v. City of New York, Defendant and Third-Party Plaintiff-Respondent, and New York City Department of Sanitation et al., Respondents. Dag Dee Tool Rentals, Inc., Third-Party Defendant-Respondent

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

June 17, 1996

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff, an employee of the third-party defendant, Dag Dee Tool Rentals, Inc., was injured while repairing a "loader" at a landfill owned by the defendant City of New York. The City had retained the defendant Cross Bay Contracting Corp. to manage and operate...

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