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VARGAS v. CITY OF NEW YORK

2011-02266, 2011-08980, 2011-09609.

105 A.D.3d 834 (2013)

963 N.Y.S.2d 278

2013 NY Slip Op 2391

JOSE VARGAS, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided April 10, 2013.

In an action, inter alia, to recover damages for personal injuries and for civil rights violations pursuant to 42 USC § 1983, the defendants appeal (1) from a judgment of the Supreme Court, Kings County (Baily-Schiffman, J.), dated January 28, 2011, which, in effect, upon the denial of those branches of the motion of the defendant City of New York which were to dismiss so much of the complaint as alleged negligence and civil rights violations pursuant to 42 USC §...

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