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WILSON v. CITY OF NEW YORK

Index No. 804549/21. Appeal No. 985. Case No. 2023-02100.

221 A.D.3d 438 (2023)

199 N.Y.S.3d 477

2023 NY Slip Op 05672

Milton Anthony Wilson, Respondent, v. City of New York et al., Respondents, and Pascal Kafando, Appellant, et al., Defendants.

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

Decided November 9, 2023.

Attorney(s) appearing for the Case

Marjorie E. Bornes , Brooklyn, for appellant.

Gregory Spektor & Associates, P.C., Rosedale ( Michael M. Szechter of counsel), for Milton Anthony Wilson, respondent.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jeremy Pepper of counsel), for City of New York, Fire Department of the City of New York, and Israel Carrasquillo, respondents.

Concur—Webber, J.P., Friedman, González, Kennedy, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered December 20, 2022, which denied defendant Pascal Kafando's motion for summary judgment dismissing the complaint and cross-claims against him, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff alleges as a result of defendants' negligence he was injured when the vehicle in which he was a passenger and driven by defendant Kafando, an Uber driver, was struck in the...

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