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EARLE v. CITY OF NEW YORK

2021-05237, Index No. 715822/17.

2024 NY Slip Op 00408

DEREK EARLE, Plaintiff-Respondent, v. CITY OF NEW YORK, ET AL., Defendants-Respondents, GRACE EPISCOPAL CHURCH, Appellant, ET AL., Defendant.

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

Decided January 31, 2024.

Attorney(s) appearing for the Case

Scahill Law Group P.C., Bethpage, NY ( Brian M. Hussey of counsel), for appellant.

Friedman & Simon, LLP, Jericho, NY ( John G. Papadopoulos of counsel), for plaintiff-respondent.

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

Anna J. Ervolina (Gallo, Vitucci & Klar, New York, NY [ Yolanda L. Ayala ], of counsel), for defendant-respondent New York City Transit Authority.

Before: Joseph J. Maltese, J.P., Linda Christopher, Deborah A. Dowling, Laurence L. Love, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant Grace Episcopal Church appeals from an order of the Supreme Court, Queens County (Tracy Catapano-Fox, J.), dated June 25, 2021. The order, insofar as appealed from, upon renewal, adhered to a prior determination in an order of the same court (Joseph J. Esposito, J.) dated September 16, 2019, denying that defendant's cross-motion for summary judgment dismissing the complaint...

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