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MATTER OF ORTIZ v. WESTCHESTER COUNTY

2021-02820. Index No. 66476/20.

208 A.D.3d 487 (2022)

172 N.Y.S.3d 484

2022 NY Slip Op 04807

In the Matter of Emery Ortiz, Respondent, v. Westchester County, Respondent, and Department of Housing and Buildings et al., Appellants.

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

Decided August 3, 2022.

Attorney(s) appearing for the Case

Matthew I. Gallagher , Corporation Counsel, Yonkers, NY ( David P. Redmond of counsel), for appellants.

Dell & Dean, PLLC ( Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Andrew J. Fisher ], of counsel), for petitioner-respondent.

Dillon, J.P., Roman, Maltese and Genovesi, JJ., concur.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.

In a notice of claim dated March 4, 2020, the petitioner alleged that on December 2, 2019, while walking on an entrance ramp of a building owned by the defendant City of Yonkers and occupied by the defendant Department of Housing and Buildings (hereinafter together the appellants), she slipped and fell as a result of an icy/snowy dangerous condition...

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