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GERARD v. CITY OF NEW YORK

255 A.D.2d 102 (1998)

678 N.Y.S.2d 894

Lois Gerard, Plaintiff, v. City of New York et al., Defendants. (And a Third-Party Action.) Felix Contracting Corp., Fourth-Party Plaintiff-Respondent, v. City Wide Asphalt Paving Co., Fourth-Party Defendant-Appellant

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

November 5, 1998

The evidence presented by fourth-party plaintiff Felix Contracting Corp. sufficed to raise a material factual issue as to the exact location of plaintiff's accident and thus precluded the grant of fourth-party defendant-appellant's motion for summary judgment dismissing the fourth-party complaint (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324). Upon appellant's renewed application...

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