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OPPENHEIMER v. CITY OF NEW YORK

2019-03340. Index No. 520387/16.

193 A.D.3d 957 (2021)

142 N.Y.S.3d 846

2021 NY Slip Op 02401

Ana Oppenheimer, Respondent, v. City of New York et al., Appellants, et al., Defendants.

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

Decided April 21, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York, NY ( Aaron M. Bloom and Claibourne Henry of counsel), for appellants.

Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Diane K. Toner ], of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Duffy and Iannacci, JJ., concur.

Ordered that the order dated January 3, 2019, is affirmed insofar as appealed from, with costs.

On December 17, 2015, the plaintiff, who was residing in a homeless shelter operated on behalf of the New York City Department of Homeless Services (hereinafter DHS) by nonparty Institute for Community Living, Inc. (hereinafter ICL), allegedly was assaulted inside the shelter by peace officers employed by DHS. A surveillance video depicting the incident was viewed the following...

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