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MISERENDINO v. CITY OF MOUNT VERNON

2011-04959.

96 A.D.3d 810 (2012)

946 N.Y.S.2d 605

2012 NY Slip Op 4722

ANNETTE MISERENDINO et al., Appellants, v. CITY OF MOUNT VERNON et al., Respondents.

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

June 13, 2012.

Ordered that the order is affirmed, with costs.

The injured plaintiff allegedly sustained injuries when she tripped and fell on a fire hose used by the defendant Fire Department of the City of Mount Vernon (hereinafter the Fire Department), to combat a fire in her apartment building. The injured plaintiff and her husband, suing derivatively, commenced this action against the Fire Department and the City of Mount Vernon (hereinafter together the City). After issue...

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