XIN ZHENG ZHAN v. CITY OF NEW YORK

2019-00081. Index No. 21950/09.

199 A.D.3d 1045 (2021)

159 N.Y.S.3d 70

2021 NY Slip Op 06646

Xin Zheng Zhan et al., Respondents, v. City of New York et al., Appellants.

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

Decided November 24, 2021.


Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York, NY ( Aaron Bloom and Julie Steiner of counsel), for appellants.

Kevin Kerveng Tung, P.C., Flushing, NY, for respondents.

Hinds-Radix, J.P., Brathwaite Nelson, Iannacci and Zayas, JJ., concur.


Ordered that the order entered October 25, 2018, is reversed, on the law and in the exercise of discretion, with costs, and the plaintiffs' motion pursuant to CPLR 5015(a)(1) to vacate so much of the order dated October 12, 2017, as granted that branch of the defendants' unopposed motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant City of New York is denied.

On the evening of October 20, 2008, the plaintiff Xin...

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