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GEHLER v. CITY OF NEW YORK

261 A.D.2d 506 (1999)

692 N.Y.S.2d 397

KELLY GEHLER et al., Respondents, v. CITY OF NEW YORK et al., Respondents, and MOUNT CARMEL CEMETERY ASSOCIATION, Appellant.

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

Decided May 17, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The infant plaintiff was injured when the car in which she was a passenger went out of control and struck a wall adjacent to the property owned by the appellant Mount Carmel Cemetery Association...

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