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GRAY v. CITY OF NEW YORK

No. 0106461/2004, Mot. Seq. 004, Mot. Seq. 005.

2008 NY Slip Op 31927 (U)

MARIE GRAY, Plaintiff, v. THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, EMPIRE CITY SUBWAY COMPANY (LIMITED), RCN TELECOM SERVICES, INC. and DACOSTA LANDSCAPING CONTRACTORS, CORP. Defendants. RCN TELECOM SERVICES, INC. Third-Party Plaintiff, v. FELIX EQUITIES, INC., Third-Party Defendant.

Supreme Court of the State of New York, New York County.

July 7, 2008

Decision/Order

EILEEN A. RAKOWER, Judge.

Plaintiff brings this action for personal injuries allegedly sustained when she tripped and fell on a defective curb located in front of 207 Columbus Avenue in the County and State of New York on April 22, 2003. Defendant Dacosta Landscaping Contractors Corp. ("Dacosta") moves for summary judgment pursuant to CPLR 3212. Plaintiff opposes' Dacosta's motion. By separate motion, defendant RCN Telecom Services, Inc. ...

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