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KEARNS v. CITY OF NEW YORK

263 A.D.2d 412 (1999)

694 N.Y.S.2d 359

PATRICIA KEARNS et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and VACCA BROTHERS CONTRACTORS et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided July 22, 1999.

On August 28, 1992, plaintiff Patricia Kearns tripped and fell on a defect in a sidewalk alleged to have been repaired by defendants Vacca Brothers Contractors and Charles Vacca. A note of issue was filed on or about October 21, 1996, but the parties continued to conduct discovery, taking depositions on February 10 and April 15, 1997. Supreme Court granted defendants' motion, returnable February 2, 1998, over plaintiffs' objection that it was untimely pursuant to CPLR 3212...

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