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PERKINS v. CITY OF NEW YORK

26 A.D.3d 483 (2006)

810 N.Y.S.2d 218

CALVIN PERKINS et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

February 28, 2006.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the cross motion to dismiss the complaint and substituting therefor a provision granting the cross motion; as so modified, the order is affirmed, with costs to the defendant.

On December 18, 2001 the plaintiff Calvin Perkins was injured while working on a construction site in Queens. On February 12, 2002 the plaintiffs served a notice of claim upon the New York City Board of...

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