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TYBERG v. CITY OF NEW YORK

2016-03171, Index No. 5086/11.

173 A.D.3d 1239 (2019)

104 N.Y.S.3d 703

2019 NY Slip Op 05177

Boruch Tyberg, an Infant, by His Father and Natural Guardian, Joseph Tyberg, et al., Appellants, v. City of New York et al., Respondents.

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

Decided June 26, 2019.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant City of New York which was for summary judgment dismissing the complaint insofar as asserted against it, and substituting therefor a provision denying that branch of the motion; as so modified the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs payable by the...

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