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GELLMAN v. COOKE

2015-09246, Index No. 29476/09.

148 A.D.3d 1117 (2017)

2017 NY Slip Op 02404

51 N.Y.S.3d 549

CLAIRE GELLMAN et al., Appellants, v. GLORIA COOKE, as Administrator of the Estate of VIRGINIA CERRITO, Deceased, Defendant, and CITY OF NEW YORK, Respondent.

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

Decided March 29, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Claire Gellman (hereinafter the injured plaintiff) allegedly was injured when she tripped over a raised portion of a sidewalk in Brooklyn. The accident occurred in June 2009. Thereafter, the injured plaintiff, and her husband suing derivatively, commenced this action against the defendant City of New York and another defendant. The City moved for summary judgment dismissing the...

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