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Solomon v. City of New York

70 N.Y.2d 675 Court N.Y. Decision date 1987-07-07 English

Contents

Majority

p. 675
Edward Solomon et al., Respondents, et al., Plaintiffs, v City of New York, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. La Crosse Construction Corp., Third-Party Defendant-Respondent, et al., Third-Party Defendants. (And Another Action.)
Argued May 27, 1987;
decided July 7, 1987
p. 677
APPEARANCES OF COUNSEL
Frederick A. O. Schwarz, Jr., Corporation Counsel (Helen P. Brown, June A. Witterschein and Stephen J. McGrath of counsel), for appellant.
Irwin M. Echtman and Bruce W. Hesselbach for La Crosse Construction Corp., third-party defendant-respondent.
Scott N. Singer and Melvin Sacks for Edward Solomon and another, respondents.
Ralph Mancuso and another, respondents, precluded.

OPINION OF THE COURT

Order, insofar as appealed from, affirmed, with costs, for reasons stated in so much of the memorandum at the Appellate Division as concluded that the trial court erred in granting judgment to the city on its third-party complaint against La Crosse for contractual indemnification ( 111 AD2d 383 , 387-388).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

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