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KELLY v. CITY OF NEW YORK

2016-06459, Index No. 11577/15.

153 A.D.3d 1388 (2017)

2017 NY Slip Op 06640

63 N.Y.S.3d 385

PATRICK KELLY, Respondent, v. CITY OF NEW YORK, Defendant. NEW YORK CITY HOUSING AUTHORITY, Nonparty Appellant.

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

Decided September 27, 2017.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion is denied.

On February 20, 2015, Patrick Kelly allegedly was injured when he slipped and fell on snow and ice on a walkway within a housing complex owned by the New York City Housing Authority (hereinafter NYCHA). On May 19, 2015, Kelly served a notice of claim upon the City of New York, alleging that the accident occurred on the "walkway in front...

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