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SOMERVILLE v. USDAN

255 A.D.2d 500 (1998)

683 N.Y.S.2d 268

James Somerville et al., Respondents, v. Nathaniel H. Usdan et al., Defendants and Third-Party Plaintiffs-Appellants. City of New York, Third-Party Defendant-Respondent

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

November 23, 1998

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motion is granted, the cross motion is denied as academic, and the complaint is dismissed.

The plaintiff James Somerville was employed by the New York City Department of Sanitation as a garage worker. His duties included the maintenance and repair of Department of Sanitation vehicles. On April 2, 1991, he was working at premises...

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