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MONTALVO v. CITY OF NEW YORK

46 A.D.3d 772 (2007)

848 N.Y.S.2d 330

GILBERT MONTALVO et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent-Appellant.

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

Decided December 18, 2007.

Ordered that the judgment is reversed insofar as cross-appealed from, on the law, the cross motion is granted, the complaint is dismissed, and the order dated October 12, 2005 is modified accordingly; and it is further,

Ordered that the appeal from the judgment is dismissed as academic in light of our determination on the cross appeal; and it is further,

Ordered that one bill of costs is awarded to the defendant.

On June 24, 1991 the plaintiff Gilbert...

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