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BURGOS v. CITY OF NEW YORK

2019-10045. Index No. 704987/17.

202 A.D.3d 744 (2022)

158 N.Y.S.3d 841

2022 NY Slip Op 00842

Justino Burgos, Appellant, v. City of New York et al., Respondents.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola, NY ( Michael F. Villeck and Melissa C. Ingrassia of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York, NY ( Devin Slack and Anna Gottlieb of counsel; Robert Ayers on the brief), for respondents.

Dillon, J.P., Connolly, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On November 30, 2016, the plaintiff allegedly was injured when he tripped and fell on a sidewalk in Queens. In February 2017, the plaintiff served a notice of claim on the defendants, the City of New York and the New York City Department of Transportation (hereinafter the DOT), alleging that the location of the accident was "the sidewalk on Woodhaven Boulevard, between Booth Street and Queens...

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