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CRUZ v. CITY OF NEW YORK

6 A.D.3d 644 (2004)

775 N.Y.S.2d 549

EVE CRUZ, Respondent, v. CITY OF NEW YORK, Respondent, and JPM CONTRACTING CORP., Appellant.

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

April 26, 2004.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the defendant JPM Contracting Corp., and the action against the remaining defendant is severed.

The seven-year-old plaintiff, Eve Cruz, injured her right ring finger when it become wedged between a barricade and the top of a fire hydrant. The defendant JPM Contracting Corp. (hereinafter...

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