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TURNER v. CITY OF NEW YORK

NO. 3168, 303531/08

147 A.D.3d 597 (2017)

46 N.Y.S.3d 869

2017 NY Slip Op 01323

GWENNETH TURNER et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 21, 2017.

Judgment, Supreme Court, Bronx County (Ben R. Barbato, J.), entered February 5, 2015, dismissing the complaint, pursuant to an order, same court and Justice, entered October 17, 2014, which granted defendants' motion to dismiss the complaint pursuant to CPLR 3404 and denied plaintiffs' cross motion to deem the new note of issue properly filed, unanimously reversed, on the law, without costs, defendants' motion denied, and plaintiffs' cross motion granted.

The motion...

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