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FLEMING v. CITY OF NEW YORK

2022-04136. Index No. 1144/15.

221 A.D.3d 785 (2023)

200 N.Y.S.3d 64

2023 NY Slip Op 05714

Ziynou Fleming et al., Appellants, v. City of New York et al., Respondents.

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

Decided November 15, 2023.

Attorney(s) appearing for the Case

Harmon, Linder & Rogowsky ( Mitchell Dranow , Sea Cliff, NY, of counsel), for appellants.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Ingrid R. Gustafson and Jesse A. Townsend of counsel), for respondents.

Dillon, J.P., Miller, Warhit and Love, JJ., concur.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Gina Abadi, J.), dated April 11, 2022. The order, insofar as appealed from, granted that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant New York City Department of Education.

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

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