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CABALLERO v. CITY OF NEW YORK

2020-04951. Index No. 500692/16.

198 A.D.3d 713 (2021)

156 N.Y.S.3d 240

2021 NY Slip Op 05540

Blanca Caballero, Appellant, v. City of New York, Respondent.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

David A. Kapelman, P.C., New York, NY, for appellant.

Georgia M. Pestana , Corporation Counsel, New York, NY ( Jane L. Gordon and Janet L. Zaleon of counsel), for respondent.

Dillon, J.P., Iannacci, Christopher and Zayas, JJ., concur.

Ordered that the order is affirmed, with costs.

On January 28, 2015, the plaintiff allegedly was injured when she stepped into a hole while crossing Ninth Street in Brooklyn. After serving a notice of claim upon the City of New York pursuant to General Municipal Law § 50-e, followed by an amended notice of claim, the plaintiff commenced this action to recover damages for personal injuries. The City interposed an answer to the complaint, and then, after the completion...

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