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KIRKLAND v. NYCHA

236 A.D.2d 170 (1997)

666 N.Y.S.2d 609

Timothy Kirkland et al., Respondents, v. New York City Housing Authority et al., Respondents. New York City Housing Authority, Third-Party Plaintiff-Respondent, v. V. C. Vitanza Sons, Inc., Third-Party Defendant-Appellant

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

December 23, 1997

Attorney(s) appearing for the Case

Kevin J. Spencer of counsel, New York City (Abrams & Martin, P. C., attorneys), for third-party defendant-appellant.

Miriam Skolnik of counsel, New York City (Herbert Rubin, David B. Hamm and Linda M. Brown on the brief; Herzfeld & Rubin, P. C., attorneys), for New York City Housing Authority, respondent and third-party plaintiff-respondent.

Michael Conforti of counsel, New York City (Leahey & Johnson, P. C., attorneys), for J.B. Slattery & Bro., Inc., respondent.

MURPHY, P. J., ROSENBERGER, ELLERIN and RUBIN, JJ., concur.

TOM, J.

This is a wrongful death action brought on behalf of Brenda Lee Moore by her husband, Timothy Kirkland, and her mother, Katherine Moore.

At the time of this incident, decedent Moore lived with her parents at 2955 Eighth Avenue, apartment 20F, in Manhattan, which is part of the Polo Grounds Towers Houses, a housing project owned and operated by the New York City Housing Authority (NYCHA). Decedent...

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