CALLE v. CITY OF NEW YORK

2019-12035. Index No. 710835/15.

212 A.D.3d 763 (2023)

183 N.Y.S.3d 425

2023 NY Slip Op 00297

Gilber Calle, Respondent, v. City of New York, Appellant, et al., Defendants.

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

Decided January 25, 2023.


Attorney(s) appearing for the Case

Kelly, Rode & Kelly, LLP, Mineola, NY ( Eric P. Tosca of counsel), for appellant.

Silberstein Awad & Miklos, P.C., Garden City, NY ( Daniel P. Miklos , Jeffrey Bloomfield , and Kenneth M. Tuccillo of counsel), for respondent.

Iannacci, J.P., Miller, Christopher and Warhit, JJ., concur.


In an action to recover damages for personal injuries, the defendant City of New York appeals from an order of the Supreme Court, Queens County (Darrell L. Gavrin, J.), entered August 28, 2019. The order, insofar as appealed from, in effect, denied that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant City of New York.

Ordered that the order is reversed insofar as appealed from, on the...

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