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ARENA v. CITY OF NEW YORK

2017-09846. Index No. 25747/09.

192 A.D.3d 737 (2021)

139 N.Y.S.3d 890

2021 NY Slip Op 01378

Josephine Arena, Appellant, v. City of New York et al., Defendants, and Acquifer Drilling and Testing, Inc., Respondent.

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

Decided March 10, 2021.

Attorney(s) appearing for the Case

Lawrence Leonard , New York, NY, for appellant.

Wood Smith Henning & Berman LLP, New York, NY ( David H. Larkin of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On July 17, 2008, the plaintiff allegedly was walking in a street in Brooklyn when she tripped and fell as a result of a rut in the street. The plaintiff subsequently commenced this consolidated action to recover damages for personal injuries against, among others, the defendant Acquifer Drilling and Testing, Inc. (hereinafter Acquifer), alleging that Acquifer was negligent, in essence, in creating...

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