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WARD v. CITY OF NEW YORK

15 A.D.3d 392 (2005)

789 N.Y.S.2d 539

CECIL E. WARD, JR., et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

February 7, 2005.

Ordered that the order and judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly granted the motions to dismiss the complaint for failure to state a cause of action (see CPLR 3211 [a] [7]). "[A] person entering upon the land of another without permission, `whether innocently or by mistake, is a trespasser'" (Golonka v Plaza at...

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