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BOORMAN v. CITY OF NEW YORK

108928/2003

34 Misc.3d 435 (2011)

933 N.Y.S.2d 850

2011 NY Slip Op 21421

JOSEPH BOORMAN, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, New York County.

Decided November 30, 2011.

Attorney(s) appearing for the Case

Harrington, Ocko & Monk, LLP, White Plains ( Mark Ackerman of counsel), for Tishman Construction Corporation of New York and others, defendants.

Wallace D. Gossett and Bennett Fischthal , Brooklyn, for New York City Transit Authority, defendant.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

In this personal injury action alleging a trip and fall over a makeshift concrete ramp next to a subway grating, a group of defendants seek a "declaration" that the cross claims that another defendant asserted against them for common-law indemnification and contribution were "stricken by operation of law" as a result of a prior decision and order striking that defendant's answer, or that the cross claims should...

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