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TKACH v. CITY OF NEW YORK

278 A.D.2d 227 (2000)

717 N.Y.S.2d 290

DARRYL TKACH, Respondent-Appellant, v. CITY OF NEW YORK et al., Defendants, T & R ALARM SYSTEMS et al., Respondents, and SPACE MASTER INTERNATIONAL, Appellant-Respondent. (And a Third-Party Action.)

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

Decided December 4, 2000.

Ordered that the appeal from so much of the order as failed to determine that branch of the cross motion of the defendant Space Master International which was for summary judgment dismissing the plaintiff's causes of action based on common-law negligence insofar as asserted against it is dismissed, without costs or disbursements; and it is further,

Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying that branch of the cross...

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