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MATTER OF ETIENNE v. CITY OF NEW YORK

2019-05757. Index No. 525286/18.

189 A.D.3d 1400 (2020)

134 N.Y.S.3d 738

2020 NY Slip Op 07886

In the Matter of Jean Marie Etienne et al., Appellants, v. City of New York, Respondent.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Pops & Associates ( Thomas Torto , New York, NY, of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York, NY ( Devin Slack and Antonella Karlin of counsel; Edwin Torres on the brief), for respondent.

Dillon, J.P., LaSalle, Iannacci and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

On November 27, 2017, Jean Marie Etienne and Yollande Andre-Poteau (hereinafter together the petitioners) allegedly were injured when the school bus in which they were occupants was sideswiped in Brooklyn by a fire truck owned by the Fire Department of the City of New York (hereinafter the FDNY). At the time of the accident, the petitioners were employees of New Dawn Transit. Etienne was the operator of the bus and Andre...

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