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Siminson v. City of New York

21 A.D.2d 884 Court N.Y. App. Div. Decision date 1964-07-01 English

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p. 884
Leona Siminson, Individually and as Guardian ad Litem of Patricia Siminson and Another, Infants, et al., Respondents, v. City of New York et al., Appellants, et al., Defendant.

In an action to recover damages for personal injury and loss of services resulting from the collapse of a building, the defendant City of New York appeals from an order of the Supreme Court, Kings County, dated September 4, 1963, which denied its motion for summary judgment dismissing the complaint; and the defendant Albro Contracting Corporation appeals from an order of said court, dated August 5, 1963, -which denied its motion for the same relief. Orders affirmed, with one bill of $10 costs and disbursements against the defendants jointly. Plaintiffs -were not parties to the prior action. On this record a question of fact is presented as to liability of the respective defendants for collapse of the building. Beldoek, P. J., Ughetta, Christ, Rabin and Hopkins, JJ., concur.