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MODICA v. CITY OF NEW YORK

2019-02749. Index No. 13491/13.

193 A.D.3d 845 (2021)

142 N.Y.S.3d 399

2021 NY Slip Op 02287

Elena Modica, Appellant, v. City of New York, et al., Respondents, et al., Defendants.

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

Decided April 14, 2021.

Attorney(s) appearing for the Case

Torgan Cooper & Aaron, P.C. (Pollack Pollack Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Jillian Rosen ], of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Deborah A. Brenner and MacKenzie Fillow of counsel), for respondents.

Austin, J.P., Barros, Connolly and Iannacci, JJ., concur.

Ordered that the 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, New York City Police Department, and Elizabeth Breen which was for summary judgment dismissing the cause of action sounding in negligence is denied.

The plaintiff commenced this action against, among others, the defendants City of New York, New York City Police Department...

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