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M.O. v. CITY OF NEW YORK

Index No. 155623/12. Appeal No. 16866. Case No. 2022-02229.

211 A.D.3d 509 (2022)

181 N.Y.S.3d 28

2022 NY Slip Op 07032

M.O., an Infant, by Her Mother and Natural Guardian, Jessica M. Lopez, et al., Appellants, v. City of New York et al., Respondents.

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

Decided December 13, 2022.

Attorney(s) appearing for the Case

Certain & Zilberg, PLLC, New York ( Douglas Herring of counsel), for appellants.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Janet L. Zaleon of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Oing, Moulton, Higgitt, JJ.

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered on or about December 2, 2021, which denied plaintiffs' motion for summary judgment as to liability, unanimously affirmed, without costs.

The infant plaintiff, a kindergarten student, was allegedly injured when a wooden cubby unit in the hallway outside her classroom fell and struck her on the head and face, knocking her onto the floor, and falling on...

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