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LEWERY v. CITY OF NEW YORK

2018-07863. Index No. 150035/14.

191 A.D.3d 855 (2021)

138 N.Y.S.3d 895

2021 NY Slip Op 01035

Michael Lewery, Appellant, v. City of New York et al., Respondents, et al., Defendants.

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

Decided February 17, 2021.

Attorney(s) appearing for the Case

Tacopina & Seigel, New York, NY ( Matthew G. DeOreo of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Devin Slack and John Moore of counsel), for respondents.

Dillon, J.P., Hinds-Radix, Miller and Christopher, JJ., concur.

Ordered that the amended order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants City of New York and New York City Department of Sanitation which was for summary judgment dismissing the complaint insofar as asserted against them is denied.

The plaintiff, an employee of the New York City Department of Sanitation, was assigned to remove debris in Staten Island following...

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