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DiGiaimo v. City of White Plains

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 382 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the Supreme Court, Westchester County (Colabella, J.).


Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that triable issues of fact exist (see, CPLR 3212 [b]) as to whether the third-party defendant Playfield Industries, Inc., is a "mere continuation" of All Pro Athletic Surfaces such that it may be held liable for the negligent acts alleged in the plaintiff's pleadings (see, Schumacher v. Richards Schear Co., 59 N.Y.2d 239). Mangano, P.J., Thompson, Friedmann and Florio, JJ., concur.


Summaries of

DiGiaimo v. City of White Plains

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 382 (N.Y. App. Div. 1996)
Case details for

DiGiaimo v. City of White Plains

Case Details

Full title:JOHN DiGIAIMO, Respondent, v. CITY OF WHITE PLAINS, Defendant and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 5, 1996

Citations

224 A.D.2d 382 (N.Y. App. Div. 1996)
637 N.Y.S.2d 943

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