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ABELLEIRA v. CITY OF NEW YORK

2019-05821. Index No. 28425/11.

201 A.D.3d 679 (2022)

156 N.Y.S.3d 872

2022 NY Slip Op 00155

Fernando Abelleira et al., Appellants, v. City of New York et al., Respondents.

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

Decided January 12, 2022.

Attorney(s) appearing for the Case

Michael Gunzburg, P.C., New York, NY ( Susan R. Nudelman of counsel), for appellants.

Goldberg Segalla LLP ( William T. O'Connell and Shaub Ahmuty Citrin & Spratt LLP, Lake Success, NY [ Timothy R. Capowski , John F. Watkins , and Jennifer A. Graw ], of counsel), for respondents.

Duffy, J.P., Barros, Hinds-Radix and Christopher, JJ., concur.

Ordered that the judgment is affirmed, with costs.

In 2011, the plaintiff Fernando Abelleira (hereinafter the plaintiff), and his wife suing derivatively, commenced this personal injury action seeking to recover damages for personal injuries that arose out of an accident at a construction project undertaken by the defendants, City of New York and New York City Department of Environmental Protection, involving the installation of sewer pipes in Brooklyn (hereinafter...

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