SARNELLI v. CITY OF NEW YORK


256 A.D.2d 399 (1998)

681 N.Y.S.2d 578

LAWRENCE SARNELLI et al., Respondents, v. CITY OF NEW YORK, Defendant, and METROPOLITAN TRANSIT AUTHORITY et al., Appellants.

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

Decided December 14, 1998.


Ordered that the amended order is reversed insofar as appealed from, on the law, with costs, the appellants' cross motion is granted, the complaint is dismissed insofar as asserted against them, and the action against the remaining defendant is severed.

In April 1980 the City of New York sold a parcel of vacant land in Brooklyn to the plaintiffs' father at a public auction. However, the property was located in an area which the Metropolitan Transit Authority and the...

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