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DAVILMAR v. CITY OF NEW YORK

7 A.D.3d 559 (2004)

775 N.Y.S.2d 880

SUZE DAVILMAR, Plaintiff, v. CITY OF NEW YORK, Defendant, 711 HACKING CORP. ET AL., Appellants, and WELSBACH ELECTRIC CORP., Respondent.

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

May 10, 2004.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the defendant Welsbach Electric Corp. which was for summary judgment dismissing the appellants' cross claim insofar as asserted against it is denied, and the appellants' cross claim against Welsbach Electric Corp. is reinstated.

This case involves a malfunctioning traffic signal. The defendant Welsbach Electric Corp. (hereinafter Welsbach), a contractor...

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