KLEEBERG v. CITY OF NEW YORK


305 A.D.2d 549 (2003)

759 N.Y.S.2d 760

DOLORES KLEEBERG et al., Respondents, v. CITY OF NEW YORK, Respondent, et al., Defendants, and ACME SKILLMAN CONCRETE CO., INC., et al., Appellants.

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

Decided May 19, 2003.


Ordered that the order is reversed, on the law, with one bill of costs, the motions are granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The injured plaintiff, Dolores Kleeberg, and her husband commenced this action to recover damages, inter alia, for personal injuries allegedly sustained by Kleeberg when she tripped and fell on the curb in front of 36-01 Broadway in Astoria...

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