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WRIGHT v. CITY OF NEW YORK

Index No. 805963/21, Appeal No. 1453, Case No. 2023-03221.

2024 NY Slip Op 00253

SABRINA WRIGHT, Plaintiff-Respondent, v. THE CITY OF NEW YORK ET AL., Defendants-Respondents, PORTIA PROPERTIES II LLC, Defendant-Appellant.

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

Decided January 18, 2024.

Attorney(s) appearing for the Case

Wood, Smith, Henning & Berman LLP, New York ( Kevin T. Fitzpatrick of counsel), for appellant.

Silbowitz Garafola Silbowitz Schatz & Frederick, LLP, Great Neck ( Howard Schatz of counsel), for Sabrina Wright, respondent.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Rebecca L. Visgaitis of counsel), for City of New York, respondent.

Before: Oing, J.P., Kennedy, Mendez, Rodriguez, Michael, JJ.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered on or about February 2, 2023, which denied the motion of defendant Portia Properties II LLC (Portia) to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff's amended complaint stated a cognizable cause of action against Portia sounding in negligence by alleging that Portia owned the property located at the property line where plaintiff's accident occurred; that it either had knowledge...

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