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GUZMAN v. CITY OF NEW YORK

Index No. 304923/15. Appeal No. 12798-12798A. Case No. 2019-5413.

190 A.D.3d 454 (2021)

140 N.Y.S.3d 209

2021 NY Slip Op 00085

Josephine Guzman, Appellant, v. City of New York et al., Respondents, et al., Defendants.

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

Decided January 7, 2021.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Julie Steiner of counsel), for The City of New York, respondent.

Heidell, Pittoni, Murphy & Bach LLP, New York ( Daniel S. Ratner of counsel), for Consolidated Edison, Inc., respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Moulton, González, Scarpulla, JJ.

Plaintiff was injured while riding on a bus, when a metal sewer plate exploded, penetrated the bus, and fell on her foot. Her notice of claim alleged that the City was negligent in the operation and maintenance of the bus. This claim was repeated in her bill of particulars and multiple complaints she filed over the course of the litigation. However, plaintiff now acknowledges that the City did not own, operate, or control the bus. She contends that the notice of claim was...

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