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BURTON v. CITY OF NEW YORK

2016-00413. Index No. 49377/01.

153 A.D.3d 487 (2017)

60 N.Y.S.3d 220

2017 NY Slip Op 05930

LOLA LOLITA BURTON, as Representative of the Estate of SEMROY BURTON, Deceased, Respondent, v. CITY OF NEW YORK et al., Defendants, and KEYSPAN ENERGEY DELIVERY, Appellant.

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

Decided August 2, 2017.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Keyspan Energy Delivery for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

Semroy Burton allegedly was injured when the vehicle that he was driving struck a pothole on Atlantic Avenue in Brooklyn. He commenced this personal injury action against the City of New York, the New York City Department of Transportation, and...

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