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GARCIA v. CITY OF NEW YORK

2018-05845. Index No. 706515/15.

189 A.D.3d 788 (2020)

137 N.Y.S.3d 114

2020 NY Slip Op 07170

Brayan Garcia et al., Appellants, v. City of New York et al., Respondents.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

The Yankowitz Law Firm, P.C., Great Neck, NY ( Jack A. Yankowitz and Skylar K. Yankowitz of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York, NY ( Fay Ng and Susan Paulson of counsel), for respondents.

Rivera, J.P., Leventhal, LaSalle and Brathwaite Nelson, JJ., concur.

Ordered that the order entered April 27, 2018, is reversed, on the facts and in the exercise of discretion, with costs, the plaintiffs' motion pursuant to CPLR 5015(a)(1) to vacate the order entered July 19, 2017, is granted, and the matter is remitted to the Supreme Court, Queens County, for a determination on the merits of that branch of the defendants' motion which was for summary judgment dismissing the complaint.

The infant plaintiff was arrested on April 24...

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