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CRUZ v. CITY OF NEW YORK

2019-10419. Index No. 15569/14.

211 A.D.3d 1011 (2022)

2022 NY Slip Op 07435

Tynisha Rene Cruz, Appellant, v. City of New York et al., Respondents.

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

Decided December 28, 2022.

Attorney(s) appearing for the Case

Jeffrey J. Shapiro & Associates, LLC (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Michael H. Zhu ], of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Deborah A. Brenner and Diana Lawless of counsel), for respondents.

Dillon, J.P., Chambers, Ford and Dowling, JJ., concur.

In an action to recover damages for wrongful death, etc., the plaintiff appeals from an order of the Supreme Court, Kings County (Genine D. Edwards, J.), dated July 8, 2019. The order, insofar as appealed from, granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action, alleging that the defendants...

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