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WORDEN v. CITY OF UTICA

246 CA 23-00172.

2024 NY Slip Op 02628

JEBADIAH S. WORDEN AND REBECCA WORDEN, Plaintiffs-Appellants, v. CITY OF UTICA, Defendant-Respondent, ET AL., Defendant.

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

Decided May 10, 2024.

Attorney(s) appearing for the Case

HARDING MAZZOTTI, LLP, ALBANY ( PETER P. BALOUSKAS OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

WILLIAM M. BORRILL , CORPORATION COUNSEL, UTICA ( ZACHARY C. OREN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

PRESENT: WHALEN, P.J., LINDLEY, OGDEN, NOWAK, AND DELCONTE, JJ.

Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered December 21, 2022. The order granted the motion of defendant City of Utica for summary judgment dismissing the complaint against it.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint is reinstated against defendant City of Utica.

Memorandum: In this personal injury action, plaintiffs...

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