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MONTANINO v. NYC SANITATION

Index No. 522720/2019.

81 Misc.3d 470 (2023)

197 N.Y.S.3d 903

2023 NY Slip Op 23306

DANIEL MONTANINO, Plaintiff, v. NEW YORK CITY DEPARTMENT OF SANITATION et al., Defendants.

Supreme Court, Kings County.

Decided October 5, 2023.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York City ( Jonathan R. Sherwin of counsel), for New York City Department of Sanitation and another, defendants.

Stevens & Traub, PLLC, Elmsford ( Peter P. Traub of counsel), for plaintiff.

Lloyd D. Thompson , Staten Island, for Robert Bass, defendant.

Auciello Law Group P.C., Brooklyn ( Anthony J. Auciello of counsel), for Michael Femia, defendant.

OPINION OF THE COURT

After oral argument on July 26, 2023, defendants the City of New York (the City) and New York City Department of Sanitation (DSNY) (collectively the City) move this court, pursuant to CPLR 3211(a)(7) and the Communications Decency Act (CDA), 47 USC § 230, to dismiss the action because...

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