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DOWD v. CITY OF NEW YORK

40 A.D.3d 908 (2007)

837 N.Y.S.2d 668

SCOTT DOWD et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent, and BROOKLYN UNION GAS, Respondent-Appellant. (And a Third-Party Action.)

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

Decided May 22, 2007.

Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the plaintiffs' cross motion which were for leave to amend the bill of particulars to allege violations of 12 NYCRR 23-1.7 (d) and stated New York City Department of Transportation regulations and for leave to serve an amended notice of claim, and substituting therefor a provision granting those branches of the cross motion; as so modified, the order is affirmed insofar...

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