NEUMAN v. CITY OF NEW YORK

2019-03929. Index No. 716291/17.

186 A.D.3d 1523 (2020)

130 N.Y.S.3d 504

2020 NY Slip Op 05052

Lisa Neuman, Appellant, v. City of New York et al., Respondents.

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

Decided September 23, 2020.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was pursuant to CPLR 3211(a) to dismiss the first cause of action in the amended complaint, and adding a provision thereto deeming that branch of the motion to be for a declaratory judgment in the defendants' favor, and thereupon granting that branch of the motion; as so modified, the order is affirmed, with costs to the defendants, and the...

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