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PIERCE v. CITY OF NEW YORK

253 A.D.2d 545 (1998)

677 N.Y.S.2d 173

Robert Pierce, Respondent, v. City of New York, Defendant, and Yonkers Contracting Co., Inc., Defendant and Third-Party Plaintiff-Appellant. Rice-Mohawk U.S. Construction Co., Ltd., Third-Party Defendant-Respondent. (And Other Titles.)

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

August 31, 1998

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted, and the decision and order of this Court dated October 27, 1997 (243 A.D.2d 694), is recalled and vacated, and the following decision and order is substituted therefor:

In an action to recover damages for personal injuries, the defendant third-party plaintiff Yonkers Contracting Co., Inc.,...

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