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McCRAE v. CITY OF NEW YORK

62 A.D.3d 539 (2009)

RENEE McCRAE, Individually and as Mother and Natural Guardian of ZACHARY McCRAE, an Infant, et al., Respondents, v. CITY OF NEW YORK et al., Respondents, and KAPLAN, INC., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 19, 2009.

As we noted on Kaplan's prior appeal, the documentary evidence establishes prima facie that the City was under no duty to provide security at the time and place of the incident (44 A.D.3d 370 [2007]). Kaplan's argument that the documentary evidence is ambiguous was improperly raised for the first time on its motion to renew, and we decline to consider it (see Matter of Weinberg, 132 A.D.2d 190...

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