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MONTES v. CITY OF NEW YORK

2014-11880, Index No. 12983/11.

140 A.D.3d 1038 (2016)

33 N.Y.S.3d 745

2016 NY Slip Op 04921

LUCIA MONTES, Respondent, v. CITY OF NEW YORK, Defendant, and JULIA E. CORTEZ, Appellant.

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

Decided June 22, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action against the defendants to recover damages for personal injuries she allegedly sustained when she slipped and fell on ice while walking on a sidewalk abutting a one-family residential property in Queens owned by the defendant Julia E. Cortez. After issue was joined and discovery completed, Cortez moved pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar...

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