LERMAN v. CITY OF NEW YORK


26 A.D.3d 193 (2006)

809 N.Y.S.2d 451

JASON LERMAN, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendants.

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

February 9, 2006.


Under the particular circumstances of this case, preclusion of the City's defenses was not warranted (see e.g. Cianciolo v. Trism Specialized Carriers, 274 A.D.2d 369 [2000]; cf. Jackson v. City of New York, 185 A.D.2d 768 [1992]; see also Ahroni v. City of New York, 175 A.D.2d 789 [1991]).

We have considered the City's other arguments and...

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