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BERGER v. CITY OF NEW YORK

177 Misc.2d 891 (1998)

676 N.Y.S.2d 909

Alexander Berger, an Infant, by His Parents, Andrew Berger et al., Plaintiffs, v. City of New York et al., Defendants. City of New York, Third-Party Plaintiff, v. Andrew Berger et al., Defendants.

Supreme Court, Kings County.

August 5, 1998

Attorney(s) appearing for the Case

Silbert, Hiller & Sena, L. L. P., New York City (Michael B. Sena of counsel), for plaintiffs. Michael D. Hess, Corporation Counsel of New York City (Ralph A. Foertsch of counsel), for defendant and third-party plaintiff.

MARSHA L. STEINHARDT, J.

Plaintiffs move this court for an order dismissing the third-party complaint. This is an action for personal injuries suffered by the infant plaintiff in connection with his alleged exposure to lead-based paint. Action was commenced on or about December 21, 1994 against the above-named defendants. It is plaintiffs' position that the City was negligent in issuing instructions relating...

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