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BURTZ v. CITY OF NEW YORK

Index No. 154895/14, Appeal No. 1710, Case No. 2023-01856.

2024 NY Slip Op 00858

FREDERIC BURTZ, Plaintiff-Appellant, v. THE CITY OF NEW YORK ET AL., Defendants-Respondents, EMPIRE CITY SUBWAY COMPANY (LIMITED), Defendant.

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

Decided February 20, 2024.

Attorney(s) appearing for the Case

Law Firm of Vaughn, Weber & Prakope, PLLC, Mineola ( John A. Weber IV of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Geoffrey E. Curfman of counsel), for City of New York, respondent.

Heidell, Pittoni, Murphy & Bach, LLP, New York ( Daniel S. Ratner , of counsel), for Consolidated Edison Company of New York, Inc., respondent.

Before: Webber, J.P., González, Pitt-Burke, Rosado, JJ.

Order, Supreme Court, New York County (Machelle Sweeting, J.), entered on or about September 22, 2022, which, to the extent appealed from as limited by the briefs, granted defendant Consolidated Edison Company of New York, Inc.'s (Con Ed) motion for summary judgment dismissing the complaint, and defendant City of New York's (the City) cross-motion to dismiss the complaint, unanimously affirmed, without costs.

The court properly granted Con Ed's motion for summary...

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