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ALAVA v. CITY OF NEW YORK

246 A.D.2d 614 (1998)

668 N.Y.S.2d 624

Carlos Alava et al., Respondents, v. City of New York et al., Defendants, P. J. Carlin Construction Company et al., Appellants, and Morse Diesel, Inc., Defendant and Fifth-Party Plaintiff-Appellant. L & L Painting Co., Inc., Fifth-Party Defendant-Appellant

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

January 26, 1998

Ordered that the order dated May 9, 1996, is modified, on the law, by deleting the provision thereof which granted the plaintiffs' motion for summary judgment on the issue of liability and substituting therefor a provision denying the plaintiffs' motion; as so modified, the order is otherwise affirmed; and it is further,

Ordered that the order dated October 24, 1996, is affirmed insofar as appealed from; and it is further,

Ordered that the appellants are awarded...

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