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ORTIZ v. CITY OF NEW YORK

9407, 15143/05.

103 A.D.3d 595 (2013)

962 N.Y.S.2d 77

2013 NY Slip Op 1332

JULIO ORTIZ, Respondent, v. CITY OF NEW YORK, Appellant, and SHELTER EXPRESS CORP., Respondent, et al., Defendants. CITY OF NEW YORK, Third-Party Plaintiff-Appellant, et al., Third-Party Plaintiffs, v. VIACOM OUTDOOR INCORPORATED et al., Third-Party Defendants-Respondents.

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

February 28, 2013.

Order, Supreme Court, Bronx County (Larry Schachner, J.), entered October 17, 2011, which, to the extent appealed from, denied the City's cross motion for summary judgment dismissing the complaint and granting its third party claims for contractual defense and indemnification against Viacom Outdoor Incorporated and Shelter Express Corp., unanimously affirmed, without costs.

Plaintiff allegedly slipped and fell on snow that remained in a City-owned bus shelter six...

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