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ARAUJO v. CITY OF NEW YORK

No. 102634/2009, Seq. No. 003.

84 A.D.3d 993 (2011)

922 N.Y.S.2d 806

ELENA ARAUJO, Respondent, v. CITY OF NEW YORK, Respondent-Appellant, and VITO COLONNA et al., Defendants/Third-Party Plaintiffs-Appellants-Respondents. S. SCOTTO, Third-Party Defendant-Respondent.

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

Decided May 17, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted and the decision and order of this Court dated December 28, 2010 (Araujo v City of New York, 79 A.D.3d 1076 [2010]), is recalled and vacated, and the following decision and order is substituted therefor:

In an action to recover damages for personal injuries, the defendants/third-party...

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