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Mitchell Mechanical Corp. v. City of New York

61 A.D.2d 940 Court N.Y. App. Div. Decision date 1978-03-21 English

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p. 940
Mitchell Mechanical Corporation, Respondent, v City of New York, Appellant.

Order, Supreme Court, New York County, entered April 4, 1977, granting reargument and on such reargument, granting leave to defendant to add a fifth defense, and denying defendant’s motion for partial summary judgment, is unanimously affirmed, without costs and without disbursements. On the present record, we are unable to say that as a matter

p. 941
of law the claims involved were not within the exception in the waivers executed by plaintiff. Concur—Lupiano, J. P., Silverman, Evans, Lane and Sandler, JJ.