ANGULO v. CITY OF NEW YORK


5 A.D.3d 707 (2004)

773 N.Y.S.2d 573

JAIME ANGULO, Respondent, v. CITY OF NEW YORK, Defendant, and JONATHAN B. KAY, Sued Herein as BRYAN J. KAY, Appellant.

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

March 29, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

On July 10, 1998, the plaintiff allegedly sustained injuries when she tripped over a raised sidewalk slab adjacent to a residence owned by the appellant. After the plaintiff commenced this action, the appellant moved for summary judgment dismissing the complaint...

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