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LEBRON v. CITY OF NEW YORK

2020-09765. Index No. 705936/17.

208 A.D.3d 656 (2022)

171 N.Y.S.3d 903

2022 NY Slip Op 04960

Evan Lebron, Respondent, v. City of New York et al., Appellants.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Daniel Matza-Brown and Claibourne Henry of counsel), for appellants.

Elefterakis, Elefterakis & Panek, New York, NY ( Oliver R. Tobias of counsel), for respondent.

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

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

On December 16, 2016, at approximately noon, the plaintiff fell into an inspection pit at a facility operated by the defendant New York City Taxi & Limousine Commission in Queens. The accident was captured by a surveillance video. The plaintiff filed a notice of claim and subsequently commenced this personal injury action...

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