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FLORICIC v. CITY OF NEW YORK

Index Nos. 159259/14, 595666/17. Appeal No. 16876. Case No. 2021-04651.

212 A.D.3d 434 (2023)

183 N.Y.S.3d 7

2023 NY Slip Op 00055

Davor ("David") Floricic et al., Respondents, v. City of New York, Appellant-Respondent, and MTA et al., Respondents-Appellants, et al., Defendants. Prude Construction Corp., Third-Party Plaintiff-Respondent-Appellant, v. Delaney Associates, LP, Third-Party Defendant-Appellant-Respondent.

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

Decided January 10, 2023.

Attorney(s) appearing for the Case

Schnader Harrison Segal & Lewis LLP, New York ( Theodore L. Hecht of counsel), for City of New York, appellant-respondent.

Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success ( Jonathan Shaub of counsel), for Delaney Associates, LP, appellant-respondent.

Shein Johnson, P.C., Melville ( Steven Johnson of counsel), for MTA, NYCTA, Mabstoa, and Metropolitan Transp. Authority, respondents-appellants.

Goetz Schenker Blee & Wiederhorn LLP, New York ( Lisa De Lindsay of counsel), for Prude Construction Corp., respondent-appellant.

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for Davor Floricic and Jenny Floricic, respondents.

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

Order, Supreme Court, New York County (Adam Silvera, J.), entered October 12, 2021, which, to the extent appealed from as limited by the briefs, denied defendants Metropolitan Transportation Authority and New York City Transit Authority's (together, the MTA defendants) motion for summary judgment dismissing the complaint as against them, denied third-party defendant Delaney Associates, LP's motion for summary judgment dismissing the third-party complaint against it, denied...

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