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AMATO v. CITY OF NEW YORK

No. 65 Civ. 2746.

268 F.Supp. 705 (1967)

Angela AMATO, as Administratrix ad Prosequendum of Anthony Amato, Plaintiff, v. The CITY OF NEW YORK, Defendant and Third-Party Plaintiff, v. R. H. MACY & CO., International Fireworks Co., Inc., John Serpico, Individually and d/b/a International Fireworks Co., Petterson Lighterage and Towing Corporation and the United States of America, Third-Party Defendants.

United States District Court S. D. New York.

June 5, 1967.

Attorney(s) appearing for the Case

Harry H. Lipsig, New York City, for plaintiff; Murray L. Lewis, New York City, of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for defendant and third-party plaintiff; Richard A. Hagen, James M. Carroll, New York City, of counsel.

WYATT, District Judge.

This is a motion by defendant and third party plaintiff The City of New York (the City) for judgment on the pleadings (Fed.R.Civ.P. 12(c)) or in the alternative for summary judgment (Fed. R.Civ.P. 56).

This action was commenced on September 13, 1965 by plaintiff as personal representative of Anthony Amato (decedent). The sole defendant was the City. The complaint asked substantial damages because of the death of decedent, allegedly as...

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