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O'TOOLE v. CITY OF YONKERS

2012-07512

114 A.D.3d 737 (2014)

980 N.Y.S.2d 513

2014 NY Slip Op 973

MARIANNA T. O'TOOLE, Respondent, v. CITY OF YONKERS et al., Defendants, and GETTY SQUARE REALTY, LLC, Defendant and Third-Party Plaintiff-Appellant, and NORTH BROADWAY PHONES, INC., Defendant and Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided February 13, 2014.

In an action to recover damages for personal injuries, the defendant and third-party plaintiff appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered June 13, 2012, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it or, in the alternative, for summary judgment on the seventh cause of action in its third-party complaint insofar as asserted against the third-party defendant North Broadway Phones...

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