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MARTINEZ v. CITY OF NEW YORK

2012-02546.

105 A.D.3d 1013 (2013)

963 N.Y.S.2d 391

2013 NY Slip Op 2723

LUIS MARTINEZ et al., Respondents, v. CITY OF NEW YORK, Appellant, and VERIZON NEW YORK, INC., Respondent, et al., Defendants.

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

Decided April 24, 2013.

In an action to recover damages for personal injuries, etc., the defendant City of New York appeals from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated January 31, 2012, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents...

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