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HIRSCH v. CITY OF NEW YORK

32 A.D.3d 995 (2006)

820 N.Y.S.2d 889

JEWEL HIRSCH, Respondent, v. CITY OF NEW YORK, Appellant, and CONSOLIDATED EDISON CO. OF NEW YORK, Respondent. (And a Third-Party Action.)

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

September 26, 2006.

Ordered that the appeal is dismissed, without costs or disbursements.

The only issue raised by the defendant City of New York on its appeal concerns that branch of its cross motion which was to dismiss the complaint and all cross claims insofar as asserted against it for failure to state a cause of action pursuant to CPLR 3211 (a) (7). Inasmuch as the Supreme Court failed to determine that branch of the cross motion, it remains pending and undecided and thus we dismiss...

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