MERCADO v. CITY OF NEW YORK

2008-07385, 2009-01531

68 A.D.3d 730 (2009)

2009 NY Slip Op 9004

889 N.Y.S.2d 664

JULIO MERCADO et al., Respondents, v. CITY OF NEW YORK, Defendant, and ALEX PIERRE, Appellant.

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

Decided December 1, 2009.


Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The plaintiff commenced three separate actions against, among others, the appellant, under identical complaints, to recover damages for personal injuries resulting from a slip and fall accident on the sidewalk abutting the appellant's premises. The second action was later discontinued. The defendant Alex Pierre moved, inter alia, to dismiss the complaint in the instant action, which...

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