ALVAREZ v. BIVENS

11761, 307295/10

114 A.D.3d 526 (2014)

980 N.Y.S.2d 425

2014 NY Slip Op 1125

ZOILA ALVAREZ, Plaintiff, v. CHRISTOPHER A. BIVENS, Appellant, and JEFFREY GADSDEN, Respondent.

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

Decided February 18, 2014.


Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered December 5, 2012, which denied defendant Christopher A. Bivens's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

On August 26, 2008, Bivens parked his truck on the street near the old Yankee stadium. When he exited the truck, he locked it and placed a hide-a-key box with...

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