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MITCHELL v. CITY OF NEW YORK

Index Nos. 110627/00, 3590464/03, Motion Sequence No. 002

2005 NY Slip Op 30381 (U)

ERIC MITCHELL, Plaintiff, v. THE CITY OF NEW YORK, BATTERY PARK CITY AUTHORITY and BATTERY PARK CITY PARKS CONSERVANCY CORPORATION, Defendants. BATTERY PARK CITY AUTHORITY and BATTERY PARK CITY PARKS CONSERVANCY CORPORATION, Third-Party Plaintiffs, v. NEW YORK MERCANTILE EXCHANGE, Third-Party Defendant.

Supreme Court of the State of New York, New York County.

July 13, 2005.

DORIS LING-COHAN, Judge.

In this personal injury action, third-party defendant New York Mercantile Exchange (NYMEX) moves for dismissal of the third-party complaint of defendants Battery Park City Authority and Battery Park City Parks Conservancy Corporation (together, Battery Park) pursuant to CPLR 3212. Defendant the City of New York (City) cross-moves for dismissal of plaintiff's complaint and all cross-claims against it pursuant to CPLR 3212. Battery Park cross...

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