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ENGEL v. CITY OF NEW YORK

5 A.D.3d 626 (2004)

774 N.Y.S.2d 774

ZACHARY ENGEL, Respondent, v. CITY OF NEW YORK, Appellant. (Action No. 1.) ZACHARY ENGEL, Plaintiff, v. SEONG S. KIM, Defendant. (Action No. 2.)

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

March 22, 2004.

Ordered that the judgment is reversed insofar as appealed from, on the facts and as an exercise of discretion, by deleting the words "defendants The City of New York having an address at 350 Jay Street, New York, New York, and" from the second and third decretal paragraphs thereof, and adding thereto a decretal paragraph dismissing the complaint insofar as asserted against the defendant City of New York.

The plaintiff was injured while walking in a crosswalk when...

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