MATTER OF 91ST STREET CRANE COLLAPSE LITIGATION. DONALD R. LEO v. CITY OF NEW YORK

11342-, 11342A-, 11342C, 117294/08, 11342B

112 A.D.3d 476 (2013)

976 N.Y.S.2d 375

2013 NY Slip Op 8340

In the Matter of 91ST STREET CRANE COLLAPSE LITIGATION. DONALD R. LEO, Respondent, v. CITY OF NEW YORK et al., Defendants, NEW YORK CRANE & EQUIPMENT CORP. et al., Appellants. LEON D. DEMATTEIS CONSTRUCTION CORP., Third-Party Plaintiff, v. SORBARA CONSTRUCTION CORP., Third-Party Defendant-Appellant. (And All Related Actions.)

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

Decided December 12, 2013.


Orders, Supreme Court, New York County (Manuel J. Mendez, J.), entered April 10, 2013, which, inter alia, denied defendants-respondents' motions to strike plaintiff's demand for a jury trial, unanimously affirmed, without costs.

Plaintiff seeks money damages for the wrongful death of her decedent, and "a sum of money alone can provide full relief to [her] under the facts alleged" (see Murphy v American Home Prods. Corp., 136 A.D.2d 229

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