BERRIOS v. CITY OF NEW YORK

11667, 302618/08

114 A.D.3d 451 (2014)

979 N.Y.S.2d 799

2014 NY Slip Op 733

LUIS BERRIOS, Respondent, v. CITY OF NEW YORK, Appellant, and TRI-MESSINE CONSTRUCTION CO., Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided February 6, 2014.


Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered August 22, 2011, which denied defendant City of New York's motion for summary judgment dismissing the complaint and cross claims as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Eight days before plaintiff's accident, a city highway inspector employed by the Department...

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