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MATTER OF LUBIN v. CITY OF NEW YORK

2015-05783, Index No. 25349/11.

148 A.D.3d 898 (2017)

2017 NY Slip Op 01861

50 N.Y.S.3d 405

In the Matter of AZAKA LUBIN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 15, 2017.

Ordered that the order dated December 23, 2014, is affirmed insofar as appealed from, with costs.

The petitioner allegedly was injured on May 16, 2011, while he was a passenger in a motor vehicle that was owned and operated by nonparty Danette J. Singh, also known as Danette J. Rivera (hereinafter Singh), when the vehicle struck an open manhole on the southbound Van Wyck Expressway in Queens. By petition filed November 8, 2011, the petitioner sought leave to serve...

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