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MANGLANI v. CITY OF NEW YORK

Index No. 158961/19. Appeal No. 16504. Case No. 2022-00767.

209 A.D.3d 563 (2022)

175 N.Y.S.3d 475

2022 NY Slip Op 05924

Ravi Manglani, Respondent, v. City of New York, Respondent, and El-Kam Realty Co., Appellant, et al., Defendant.

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

Decided October 20, 2022.

Attorney(s) appearing for the Case

Hickey Smith Dodd LLP, New York ( Jody C. Benard , of counsel) for appellant.

Dansker & Aspromonte Associates, New York ( Raymond Maceira , of counsel) for Ravi Manglani, respondent.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jeremy Pepper of counsel), for The City of New York, respondent.

Concur—Gische, J.P., Kern, Gesmer, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered on or about January 5, 2022, which denied defendant El-Kam Realty Co.'s motion pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint as against it, unanimously affirmed, without costs.

Plaintiff stated cognizable causes of action sufficient to withstand a motion to dismiss pursuant to CPLR 3211(a)(7). Although an abutting property owner is not responsible for a defective tree well in the...

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