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GOMEZ v. CITY OF NEW YORK

2018-14852. Index No. 509625/15.

186 A.D.3d 1494 (2020)

131 N.Y.S.3d 94

2020 NY Slip Op 05035

Wiston Cruz Gomez et al., Appellants, v. City of New York, Respondent.

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

Decided September 23, 2020.

Ordered that the order is affirmed, with costs.

On February 8, 2015, the plaintiff Wiston Cruz Gomez (hereinafter the injured plaintiff) allegedly was struck by a vehicle as he was crossing a street within a crosswalk in Brooklyn. He subsequently submitted to the Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) a sworn notice of intention to make a claim dated February 19, 2015, averring that the vehicle that struck him left the scene, and that...

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