Schlemovitz v. City of New York

Appellate Division of the Supreme Court of New York

Schlemovitz v. City of New York

274 A.D. 1064, 85 N.Y.S.2d 923, 1949 N.Y. App. Div. LEXIS 6068

Appellate Division of the Supreme Court of the State of New York·Decided January 17, 1949·Published·Cited by 6 cases

Opinion

Plaintiff sued the defendant City of Hew York to recover for personal injuries alleged to have been sustained, when, in alighting from a truck, he stepped on the metal cover of a pipe which protruded above the sidewalk in front of premises owned by appellant. The defendant city, about two years after the commencement of the action, served a summons and complaint, as a third party plaintiff, against appellant and her husband, as third party defendants. Order denying appellant’s motion to dismiss such third party complaint for insufficiency, and because of laches on the part of the defendant city,, affirmed, with $10 costs and disbursements to respondent City of Hew York. The time of the third party defendant, Annie D’Orazio, to serve her answer is extended until ten days after the entry of the order hereon. No opinion. Nolan, P. J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.

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Plaintiff sued the defendant City of Hew York to recover for personal injuries alleged to have been sustained, when, in alighting from a truck, he stepped on the metal cover of a pipe which protruded above the sidewalk in front of premises owned by appellant. The defendant city, about two years after the commencement of the action, served a summons and complaint, as a third party plaintiff, against appellant and her husband, as third party defendants. Order denying appellant’s motion to dismiss such third party complaint for insufficiency, and because of laches on the part of the defendant city,, affirmed, with $10 costs and disbursements to respondent City of Hew York. The time of the third party defendant, Annie D’Orazio, to serve her answer is extended until ten days after the entry of the order hereon. No opinion. Nolan, P. J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.

Schlemovitz v. City of New York, 274 A.D. 1064, 85 N.Y.S.2d 923, 1949 N.Y. App. Div. LEXIS 6068 (N.Y. Ct. App. 1949).

Pincite

274 A.D. 1064 (Schlemovitz v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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