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ABDAL WALI v. CITY OF NEW YORK

22 Misc.3d 478 (2008)

866 N.Y.S.2d 528

ZAAIR NAFIZ ABDAL WALI et al., Infants, by Their Father and Natural Guardian, ABDAL HAFIZ WALI, et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants.

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

October 17, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Craig Koster of counsel), for City of New York, defendant.

Silverstein & Stern LLP, New York City (Alan Roberts of counsel), for Neighborhood Restore Housing Development Fund Corporation, defendant.

Lipsig, Shapey, Manus & Moverman, P.C., New York City (Erin K. Hurley of counsel), for plaintiffs.

OPINION OF THE COURT

ROBERT J. MILLER, J.

Defendant the City of New York moves for an order, pursuant to CPLR 3212, dismissing the complaint of plaintiffs Zaair Nafiz Abdal Wali and Jaleel Abdal Wali, infants, by their father and natural guardian, Abdal Hafiz Wali, and Abdal Hafiz Wali, individually,* on the ground that the City did not own the subject premises at the time the infant plaintiffs allegedly sustained injuries due...

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