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STRAHL v. DALE CONSTR.

171 Misc.2d 330 (1997)

658 N.Y.S.2d 164

Peter J. Strahl, Respondent, v. Dale Construction, Inc., Appellant, and City of New York, Respondent.

Supreme Court, Appellate Term, Second Department.

February 28, 1997

Attorney(s) appearing for the Case

Law Offices of Steven Miller, Roslyn Heights (Steven Miller and David M. Strano of counsel), for appellant. Sullivan & Liapakis, P. C., New York City (Marshall M. Kolba and Stephen C. Glasser of counsel), for Peter J. Strahl, respondent. Paul A. Crotty, Corporation Counsel of New York City (Pamela Seider Dolgow and Elizabeth S. Natrella of counsel), for New York City, respondent.

KASSOFF, P. J., CHETTA and PATTERSON, JJ., concur.

MEMORANDUM.

Order unanimously modified by granting partial summary judgment in favor of defendant Dale Construction, Inc., dismissing plaintiff's cause of action under General Municipal Law § 205-a, and as so modified, affirmed without costs.

The plaintiff, a fireman, was responding to the fire bell in the firehouse when he slid down the fire pole to get to the fire truck. He alleged that because of prior improper...

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