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D'ELIA v. CITY OF NEW YORK

2009-10727.

81 A.D.3d 682 (2011)

916 N.Y.S.2d 196

MATTHEW D'ELIA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 8, 2011.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the plaintiff's cross motion which was, in effect, for leave to amend his bill of particulars to allege a violation of 12 NYCRR 23-1.23 and substituting therefor a provision granting that branch of the cross motion, and (2) by deleting the provision thereof granting that branch of the defendants' motion which was for summary judgment dismissing the cause of action...

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