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BRICK v. 3859 TENTH AVE. CORP.

404121/05, 590358/08, Mot. Seq. 006

2009 NY Slip Op 31591 (U)

MARGARET R. BRICK, as Administratrix of the Estate of Index No. THOMAS C. BRICK, Deceased, and MARGARET R. BRICK, Individually, Plaintiff, v. 3859 TENTH AVENUE CORP., ARBIB & RABBA REALTY CO., LE FRANK MANAGEMENT CORP., BARTA TRADING CORP., and THE CITY OF NEW YORK, EL PARAISO CORP., and BIANCA DIAZ, Defendants. THE CITY OF NEW YORK, Third-Party Third-Party Plaintiff, v. SCOTT TECHNOLOGIES, INC. and SCOTT HEALTH AND SAFETY, A DIVISION OF SCOTT TECHNOLOGIES, INC., Third-Party Defendants.

Supreme Court, New York County.

July 14, 2009.

EILEEN A. RAKOWER, J.

Plaintiff brings this action to recover for negligence and wrongful death in connection with the death of New York Fire Department ("FDNY") firefighter Thomas C. Brick ("Brick") on December 16, 2003, while responding to a fire at 3859 10th Avenue, in the City, County, and State of New York. Plaintiff commenced this action on or around December 30, 2004 against, inter alia, the City of New York ("City"), and alleges that Brick's injuries...

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