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RIVERA v. CITY OF NEW YORK

Index No. 159520/16. Appeal No. 16638. Case No. 2020-03940.

210 A.D.3d 512 (2022)

176 N.Y.S.3d 484

2022 NY Slip Op 06449

Clementina Rivera, Appellant, v. City of New York, Respondent, et al., Defendants.

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

Decided November 15, 2022.

Attorney(s) appearing for the Case

The Barnes Firm, New York ( Josh C. Olmstead of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Julie Steiner of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Higgitt, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered September 3, 2020, which, to the extent appealed from, granted so much of defendant City of New York's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Contrary to plaintiff's argument, whether her accident occurred, as a matter of law, on the sidewalk or the curb is irrelevant, given that there is no viable means for her to recover against the...

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