THOMAS P. ALIOTTA, J.
The motion of defendant Eduardo Rodriguez, s/h/a Edwardo Rodriguez (No. 3632), for an order dismissing the complaint for failure to state a cause of action pursuant to CPLR 3211(a)(7) is denied, as is the cross motion for summary judgment of defendant the City of New York ("City") (No. 314); plaintiff's cross motion (No. 222) for leave to serve and file an amended summons and complaint correcting the spelling of the non-municipal defendant's...
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