SCHWARTZ v. CITY OF NEW YORK

2009-10223.

74 A.D.3d 945 (2010)

903 N.Y.S.2d 93

YECHESKEL SCHWARTZ et al., Respondents, v. CITY OF NEW YORK, Defendant/Third-Party Plaintiff-Respondent, and 307 HEWES STREET REALTY CORP., et al., Defendants/Third-Party Defendants-Appellants.

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

Decided June 8, 2010.


Ordered that the order is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, and the motion of the defendants/third-party defendants for summary judgment dismissing the amended complaint and all cross claims insofar as asserted against them and dismissing the third-party complaint, is granted.

The injured plaintiff and his wife, suing derivatively, commenced this action to recover damages for personal...

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