Order, Supreme Court, New York County (Joan A. Madden, J.), entered July 6, 2012, which denied defendant's motion for summary judgment dismissing the complaint, reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.
In his notice of claim, plaintiff alleged that "[o]n 4/08/2008, at approximately 8:30 a.m., [he] was lawfully traversing the courtyard area located in front of 178 Avenue D, New York...
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