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SIMONDS v. CITY OF NEW YORK

276 A.D.2d 478 (2000)

714 N.Y.S.2d 98

RICHARD SIMONDS et al., Respondents, v. CITY OF NEW YORK et al., Respondents, and 115-34 RD FOOD CORP., Doing Business as FINE FARE, Appellant.

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

Decided October 2, 2000.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the respondents, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The plaintiff Richard Simonds was allegedly injured when he stepped into a pothole in the street adjacent to a driveway located...

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