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SUTHERLAND v. CITY OF NEW YORK

266 A.D.2d 373 (1999)

699 N.Y.S.2d 426

NORREL SUTHERLAND, Appellant-Respondent, v. CITY OF NEW YORK et al., Respondents-Appellants, et al., Defendants and INGERSOLL-RAND COMPANY, Defendant and Third-Party Plaintiff-Respondent. PILE FOUNDATION CONSTRUCTION CO., INC., Third-Party Defendant-Respondent. (Action No. 1.) NORREL SUTHERLAND, Appellant, v. PILE FOUNDATION CONSTRUCTION CO., INC., Respondent. (Action No. 2.)

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

Decided November 15, 1999.

Ordered that the plaintiff's appeal from the order dated February 4, 1998, is dismissed, as that order was superseded by the order dated September 14, 1998, made upon reargument; and it is further,

Ordered that the cross appeal by the defendants City of New York, Department of Sanitation of the City of New York, and Department of Business Services of the City of New York from so much of the order dated February 4, 1998, as denied that branch of their cross motion...

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