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RIVERA v. CITY OF NEW YORK

2019-08618. Index No. 509711/15.

192 A.D.3d 932 (2021)

140 N.Y.S.3d 730

2021 NY Slip Op 08269

Enrique Rivera, Respondent, v. City of New York et al., Respondents, and Sutter 1123, LLC, Appellant.

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

Decided March 17, 2021.

Attorney(s) appearing for the Case

Gold, Benes, LLP, Bellmore, NY ( Jeffrey B. Gold , Karen C. Higgins , and James Stewart of counsel), for appellant.

Law Office of Evans D. Prieston, P.C., Long Island City, NY (Wingate, Russotti, Shapiro & Haperin, LLP [ Michael J. Fitzpatrick ], of counsel), for plaintiff-respondent.

James E. Johnson , Corporation Counsel, New York, NY ( Deborah A. Brenner and Julie Steiner of counsel), for defendants-respondents City of New York and New York City Department of Transportation.

Gorton & Gorton, LLP, Garden City, NY ( John T. Gorton of counsel), for defendant-respondent J. Pizzirusso Landscaping Corp.

Chambers, J.P., Miller, LaSalle and Iannacci, JJ., concur.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

On February 13, 2015, the plaintiff allegedly was injured after tripping and falling on a cracked and uneven sidewalk located in front of 1123 Sutter Avenue in Brooklyn. The plaintiff subsequently commenced this personal injury action against the City of New York and the New York City Department of Transportation (hereinafter together the...

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