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OHRT v. CITY OF BUFFALO

281 A.D. 344 (1953)

Jean M. Ohrt, Respondent, v. City of Buffalo, Appellant and Third-Party Plaintiff-Appellant. Julia Kossa, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 18, 1953.

Attorney(s) appearing for the Case

Fred C. Maloney, Corporation Counsel (Daniel J. Lucitt of counsel), for appellant.

Richard F. McDonough for respondent.

Adolph M. Newman and Jules J. Neifach for third-party defendant-respondent.

All concur. Present — TAYLOR, P. J., McCURN, KIMBALL, PIPER and WHEELER, JJ.

Per Curiam.

Appellant City of Buffalo in its brief and on the argument did not question plaintiff's right to recover against it, but did contend that its claim over against the property owner should have been sent to the jury.

The plaintiff's injuries were caused by stepping into a water meter box in the sidewalk, caused by the cover being loose. The third-party complaint alleged in paragraph 5 that the property...

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