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POLITO v. ESCORCIA

Index No. 155206/18. Appeal No. 16659. Case No. 2021-04099.

210 A.D.3d 510 (2022)

176 N.Y.S.3d 485

2022 NY Slip Op 06447

Michele Polito, Respondent, v. Katherine Escorcia et al., Defendants, and City of New York, Appellant.

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

Decided November 15, 2022.

Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York ( Chole Moon of counsel), for appellant.

The Licatesi Law Group, LLP, Uniondale ( Michael Licatesi of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Mazzarelli, Friedman, Shulman, JJ.

Order, Supreme Court, New York County (J. Machelle Sweeting, J.), entered July 26, 2021, which, to the extent appealed from as limited by the briefs, denied defendant City of New York's motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Neither the notice of claim nor the complaint alleges the factual predicate for...

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