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RABICH v. CITY OF NEW YORK

Index No. 159567/16, Appeal No. 2190, Case No. 2022-05326.

2024 NY Slip Op 02607

LINDA RABICH, ETC., Plaintiff-Respondent, v. THE CITY OF NEW YORK, Defendant-Appellant, OLSON'S CREATIVE LANDSCAPING CORP., ET AL., Defendants.

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

Decided May 9, 2024.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Susan Paulson of counsel), for appellant.

Sacco Fillas, LLP, Astoria ( Dominick Rendina , of counsel), for respondent.

Before: Webber, J.P., Oing, Rodriguez, Higgitt, Michael, JJ.

Order, Supreme Court, New York County (Leslie A. Stroth, J.), entered October 14, 2022, which denied defendant City of New York's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Joseph Rabich (decedent) brought this negligence action alleging injuries as a result of a trip and fall due to a broken roadway in the crosswalk at the southbound...

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