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DUBOWY v. CITY OF NEW YORK

Docket Number: 110437/03, Motion Seq. No. 001.

2011 NY Slip Op 31591 (U)

EVE DUBOWY, Plaintiff, v. CITY OF NEW YORK, Defendant.

Supreme Court, New York County.

June 10, 2011.

Attorney(s) appearing for the Case

Joel L. Getreu, Esq. , Law Offices of Joel L. Getreu, P.C., 132 Nassau St., Ste. 310, New York, NY 10038, 212-509-6888, For plaintiff.

Peter C. Lucas, ACC , Michael A. Cardozo , Corporation Counsel, 100 Church Street, New York, NY 10007, 212-442-6851, For defendant.

DECISION & ORDER

BARBARA JAFFE, Judge.

By notice of motion dated August 12, 2010, defendant moves pursuant to CPLR 3211(a)(7) or 3212 for an order dismissing the complaint against it. Plaintiff opposes the motion.

I. BACKGROUND

On July 26, 2000, while walking on the sidewalk at the southwest corner of 19th Street and First Avenue in Manhattan, plaintiff allegedly tripped and fell due to a metal protrusion in the sidewalk. (Affirmation...

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