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DeHOYOS v. CITY OF NEW YORK

13386, 109491/11.

121 A.D.3d 632 (2014)

996 N.Y.S.2d 12

2014 NY Slip Op 07453

GEORGE DeHOYOS, Appellant, v. CITY OF NEW YORK et al., Defendants, and MTA CAPITAL CONSTRUCTION COMPANY, Respondent.

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

Decided October 30, 2014.

Order, Supreme Court, New York County (Margaret A. Chan, J.), entered May 7, 2013, which, to the extent appealed from, granted defendant MTA Capital Construction Company's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff testified that as he was cycling south on Second Avenue in Manhattan a passenger in a double-parked livery cab opened the cab door directly...

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