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BARERRA v. CITY OF NEW YORK

10030/2011.

47 Misc.3d 1028 (2015)

10 N.Y.S.3d 816

2015 NY Slip Op 25076

JIMMY BARERRA, Plaintiff, v. CITY OF NEW YORK et al., Defendants. (Action No. 1.) MUHAMMAD SAEED, Individually and as Administrator of the Estate of MUHAMMAD RASHID, Deceased, Plaintiff, v. CITY OF NEW YORK et al., Defendants. (Action No. 2.)

Supreme Court, Queens County.

Decided March 11, 2015.

Attorney(s) appearing for the Case

Zachary W. Carter, Corporation Counsel, New York City ( Nicole Brousard of counsel), for City of New York and others, defendants.

Law Office of Mitchell J. Rich, Wantagh, for Jimmy Barerra, plaintiff in action No. 1.

Lawrence Leonard, for Muhammad Saeed, plaintiff in action No. 2.

OPINION OF THE COURT

Defendants, the City of New York, the City of New York sued herein as New York City Fire Department and Valerie Vera-Tudela, seek to serve an amended answer to assert the affirmative defense of collateral estoppel and, upon amendment, for dismissal pursuant to CPLR 3211 (a) (5) and (7).

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