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RUIZ v. CITY OF NEW YORK

102378/09.

27 Misc.3d 443 (2010)

894 N.Y.S.2d 862

OMARK RUIZ, an Infant, by His Mother and Natural Guardian, BETTY SERRANO, Plaintiff, v. CITY OF NEW YORK, Defendant.

Supreme Court, New York County.

Decided February 22, 2010.

Attorney(s) appearing for the Case

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

Anthony Iadevaia , New York City, for plaintiff.

OPINION OF THE COURT

CYNTHIA S. KERN, J.

Plaintiff commenced the instant action to recover damages for personal injuries he allegedly sustained when he was assaulted at the Cherry Hill Playground located at or near the corner of 99th Street and Third Avenue in Manhattan. Defendant the City of New York (the City) now moves to dismiss plaintiff's complaint pursuant to CPLR 3211 or, in the alternative, seeks summary...

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