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SILVERMAN v. CITY OF NEW YORK

110968/08, Motion Seq. No. 3.

2011 NY Slip Op 33441 (U)

KENNETH P. SILVERMAN, ESQ., AS TRUSTEE OF THE ESTATE OF MARVIN LEE JOHNSON, Plaintiff, v. THE CITY OF NEW YORK and CONTE SEGUINOT, Defendants.

Supreme Court, New York County.

December 19, 2011.

December 21, 2011.

Attorney(s) appearing for the Case

Robert Ackerman, Esq. , Law Office of Robert M. Weiss, Esq. , 11 Broadway, Suite 1055 New York, NY, for Plaintiff.

Lynn M, Leopold, ACC , Michael A. Cardozo , Corporation Counsel, 100 Church Street, New York, NY, for Defendants.

DECISION AND ORDER

BARBARA JAFFE, Judge.

By notice of motion dated May 30, 2011, plaintiff moves pursuant to CPLR 3212 for an order granting him summary judgment on the issue of liability. Defendants oppose.

I. BACKGROUND

On June 11, 2007, at approximately 11:45 pm, plaintiff, who was driving his vehicle east on 125th Street in Manhattan, was stopped at its intersection with Third Avenue when he was struck by...

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