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LA VALLE v. CITY OF NEW YORK DEP'T OF SANITATION

240 A.D.2d 639 (1997)

659 N.Y.S.2d 299

Dennis La Valle et al., Plaintiffs, v. City of New York Department of Sanitation, Respondent, and Heil Corporation, Appellant

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

June 23, 1997

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and that branch of the appellant's motion which was to strike the cross claim of the defendant City of New York Department of Sanitation against the appellant is granted.

It is apparent from the record in this case that the defendant City of New York Department of Sanitation has adopted "a pattern of partially complying"...

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