TURTURRO v. CITY OF NEW YORK

2009-10935.

77 A.D.3d 732 (2010)

908 N.Y.S.2d 738

ANTHONY TURTURRO, an Infant by his Mother and Natural Guardian, ELIDA TURTURRO, et al., Appellants, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided October 12, 2010.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant City of New York which was for summary judgment dismissing the complaint insofar as asserted against it, and substituting therefor a provision denying that branch of that motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellants.

The infant plaintiff allegedly was injured when he was struck...

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