CHEN v. CITY OF NEW YORK

2019-07308. Index No. 706913/16.

194 A.D.3d 904 (2021)

2021 NY Slip Op 03161

Olympia Chen et al., Appellants, v. City of New York et al., Respondents.

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

Decided May 19, 2021.


Attorney(s) appearing for the Case

Wade T. Morris , New York, NY, for appellants.

James E. Johnson , Corporation Counsel, New York, NY ( Melanie T. West and Elizabeth I. Freedman of counsel), for respondents.

Mastro, A.P.J., Miller, Duffy and Brathwaite Nelson, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiffs' motion which was for summary judgment dismissing the defendants' affirmative defenses alleging comparative negligence, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiffs.

In June 2016, the infant plaintiff (hereinafter the infant)...

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