Appellate Division of the Supreme Court of New York, 1964

Siminson v. City of New York

Siminson v. City of New York
Appellate Division of the Supreme Court of New York · Decided July 1, 1964
21 A.D.2d 884; 252 N.Y.S.2d 406; 1964 N.Y. App. Div. LEXIS 3395
Siminson v. City of New York

Opinion of the Court

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.

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