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LEVIN v. CITY OF ROCHESTER

533917.

203 A.D.3d 1540 (2022)

166 N.Y.S.3d 292

2022 NY Slip Op 02178

Craig S. Levin et al., Respondents, v. City of Rochester et al., Appellants.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Linda Kingsley , Corporation Counsel, Rochester ( Christopher S. Noone of counsel), for appellants.

Phillips Lytle LLP, Buffalo ( Craig A. Leslie of counsel), for respondents.

Egan Jr., J.P., Aarons, Reynolds Fitzgerald and McShan, JJ., concur.

This negligence action was commenced in 2019 to recover for injuries sustained by plaintiff Craig S. Levin, and his spouse, derivatively, when he was struck by a garbage truck owned by defendant City of Rochester and operated by two City employees, including defendant Vincent Paolotto, who was driving the truck. Following joinder of issue...

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