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ARGUETA v. CITY OF NEW YORK

2021-02663, Index No. 712883/16.

2024 NY Slip Op 00401

ALAN ARGUETA, ET AL., Appellants, v. CITY OF NEW YORK, ET AL., Respondents.

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

Decided January 31, 2024.

Attorney(s) appearing for the Case

Robert A. Cardali ( Jorge Roman and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Christen Giannaros ], of counsel), for appellants.

Lewis Brisbois Bisgaard & Smith, LLP, New York, NY ( Nicholas P. Hurzeler and Anthony Luckie of counsel), for respondents.

Before: Angela G. Iannacci, J.P., William G. Ford, Helen Voutsinas, Lourdes M. Ventura, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Tracy Catapano-Fox, J.), dated April 5, 2021. The order granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was for summary judgment dismissing...

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