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GUBENKO v. CITY OF NEW YORK

11050, 403941/02, 75149/02, 590819/09.

111 A.D.3d 471 (2013)

974 N.Y.S.2d 431

2013 NY Slip Op 7551

BELLA GUBENKO, Appellant, v. CITY OF NEW YORK et al., Respondents. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Plaintiff-Respondent, v. FELIX EQUITIES, INC., Third-Party Defendant-Respondent/Fourth-Party Plaintiff-Respondent. NICO ASPHALT PAVING, Inc., Fourth-Party Defendant-Respondent.

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

Decided November 14, 2013.

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered June 21, 2012, which, to the extent appealed from as limited by the briefs, granted defendants' motions for summary judgment dismissing the complaint as against them, unanimously modified, on the law, to deny the City's motion, and otherwise affirmed, without costs.

Although defendants' motions were made after the 60-day time limit set by the motion court for summary judgment motions (CPLR 3212...

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