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LUCCIOLA v. CITY OF NY

12 Misc.3d 365 (2005)

814 N.Y.S.2d 480

MARIA CARMELA LUCCIOLA, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Bronx County.

November 30, 2005.

Attorney(s) appearing for the Case

Hayes & Mensching, Brooklyn (Lucia DiChiara of counsel), for E&M Café, Inc., defendant.

Richard G. Gugliotta, Bronx, for plaintiff.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. Background

Plaintiff sues to recover for personal injuries sustained March 16, 2001, when she fell in a tree well in the sidewalk abutting the business premises leased by defendant E&M Café, Inc., on Arthur Avenue in Bronx County. E&M Café moves for summary judgment dismissing the complaint and all cross claims against this defendant...

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