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ATKINS v. CITY OF NEW YORK

2019-10327. Index No. 507710/14.

196 A.D.3d 622 (2021)

2021 NY Slip Op 04475

Leroy Atkins, Appellant, v. City of New York et al., Respondents, et al., Defendants.

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

Decided July 21, 2021.

Attorney(s) appearing for the Case

Subin & Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Paul H. Seidenstock ], of counsel), for appellant.

Georgia M. Pestana , Acting Corporation Counsel, New York, NY ( Jane L. Gordon and Nwamaka Ejebe of counsel), for respondents.

Mastro, J.P., Rivera, Hinds-Radix and Duffy, JJ., concur.

Ordered that the order is affirmed, with costs.

In August 2014, the plaintiff commenced this action against the defendants City of New York, New York City Police Department, and Mario Giordano (hereinafter collectively the City defendants), among others, to recover damages for personal injuries he alleged that he sustained in August 2013 when the vehicle that he was operating in Kings County was struck twice in the rear in a three-vehicle accident. According to the...

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