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KEHOE v. CITY OF NEW YORK

2010-09774.

88 A.D.3d 655 (2011)

930 N.Y.S.2d 252

2011 NY Slip Op 7006

FLORENCE KEHOE, as Administratrix of the Estate of GRACE SAPIENZA, Deceased, Respondent, v. CITY OF NEW YORK, Respondent, and VINCENT AVITABLE, Appellant.

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

Decided October 4, 2011.

Ordered that the appeal from so much of the order as granted that branch of the cross motion of the defendant City of New York which was for summary judgment dismissing the cross claim of the defendant Vincent Avitable is dismissed as academic in light of our determination of the appeal from so much of the order as denied the motion of the defendant Vincent Avitable for summary judgment dismissing the complaint insofar as asserted against him; and it is further,

Ordered...

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