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O'HALLORAN v. CITY OF NEW YORK

3645, 108759/04.

78 A.D.3d 536 (2010)

911 N.Y.S.2d 333

JAMES O'HALLORAN et al., Plaintiffs, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent. THE HALCYON CONSTRUCTION CORP., Third-Party Defendant-Appellant.

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

Decided November 18, 2010.

Plaintiffs and their insurer, Greenwich Insurance Company, commenced the underlying action, alleging that the City, its agents and employees, were negligent in the repair of a sewer line, causing plaintiffs' property to be "inundated with sewage," and resulting in damages of $84,030.97. The City subsequently commenced the subject third-party action for indemnification and contribution against Halcyon, alleging that it was negligent...

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