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SANTANA v. CITY OF NY

6 Misc.3d 642 (2004)

787 N.Y.S.2d 651

BEATRIZ SANTANA, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Civil Court of the City of New York, New York County.

December 6, 2004.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Pamela Horan of counsel), for defendants.

Maillillo & Grossman, Flushing (Eric Levi of counsel), for plaintiff.

OPINION OF THE COURT

DEBRA ROSE SAMUELS, J.

The motion is granted to the extent of dismissing the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

In light of Brill v City of New York (2 N.Y.3d 648 [2004]), decided four weeks after this motion was made, the branch of the motion seeking summary judgment must be denied as untimely....

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