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XIAO JIN v. CITY OF NEW YORK

2021-00891. Index No. 703026/17.

219 A.D.3d 1470 (2023)

196 N.Y.S.3d 502

2023 NY Slip Op 04685

Xiao Jin, Appellant, v. City of New York, Defendant, and Viktoria Beress, as Executor of the Estate of Eugene Wetterauer, Deceased, Respondent. (And Third-Party Actions.).

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

Decided September 20, 2023.

Attorney(s) appearing for the Case

Krause & Glassmith, LLP, New York, NY ( Paul Maiorana of counsel), for appellant.

James F. Butler , Jericho, NY ( Marcella Gerbasi Crewe of counsel), for respondent.

Dillon, J.P., Genovesi, Ford and Taylor, JJ., concur.

In a consolidated action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kevin J. Kerrigan), entered February 2, 2021. The order, insofar as appealed from, granted that branch of the motion of the defendant Viktoria Beress which was for summary judgment dismissing the complaint insofar as asserted against her.

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

On September...

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