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MICELI v. CITY OF POUGHKEEPSIE

2021-07661. Index No. 54227/19.

221 A.D.3d 802 (2023)

200 N.Y.S.3d 72

2023 NY Slip Op 05723

Vanessa Miceli et al., Appellants, v. City of Poughkeepsie, Respondent.

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

Decided November 15, 2023.

Attorney(s) appearing for the Case

Rusk, Wadlin, Heppner & Martuscello, LLP, Kingston, NY ( John G. Rusk of counsel), for appellants.

Drake Loeb PLLC, New Windsor, NY ( Judith A. Waye and Gerber Ciano Kelly Brady LLP [ Brendan T. Fitzpatrick and Brian W. McElhenny ], of counsel), for respondent.

Dillon, J.P., Christopher, Wooten and Taylor, JJ., concur.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Maria G. Rosa, J.), dated September 23, 2021. The order granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In January 2019, the plaintiff Vanessa Miceli (hereinafter the injured plaintiff) allegedly slipped and fell on ice on a sidewalk in the defendant...

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