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MARTINEZ v. CITY OF NEW YORK

2010-04921.

90 A.D.3d 718 (2011)

935 N.Y.S.2d 45

2011 NY Slip Op 9099

SHAWN H. MARTINEZ, Individually and as Administrator of the Estate of SHAWN L. MARTINEZ, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendant.

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

Decided December 13, 2011.

Ordered that the order is reversed, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, and the respective motions of the appellants City of New York and Board of Education of the City of New York, the appellant Comprehensive Resources, Inc., and the appellant Magdalin James for summary judgment dismissing the complaint insofar as asserted against each of them are granted.

On February 26, 2003, Shawn L. Martinez (hereinafter...

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