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BARBER v. SORCE

535 CA 18-02063.

173 A.D.3d 1670 (2019)

99 N.Y.S.3d 911

2019 NY Slip Op 04569

Rodney Barber, Respondent, v. Charles Sorce et al., Defendants, and Victor J. Anziano, Appellant.

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

Decided June 7, 2019.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion seeking dismissal of the complaint against defendant Victor J. Anziano to the extent that the complaint, as amplified by the bill of particulars, alleges that he created or exacerbated the allegedly dangerous condition or had actual notice of it and as modified the order is affirmed without costs.

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