Leone v. City of Utica

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed with costs, for those reasons relating to duty and proximate cause stated in the opinion of Presiding Justice Michael F. Dillon at the Appellate Division (66 AD2d 463). We note, in addition that the trial court did not abuse its discretion in denying appellant’s belated application for permission to assert a cross claim.