OPINION
SWEET, District Judge.
Defendants, the City of New York (the "City"), the New York City Department of Transportation ("DOT") and Iris Weinshall ("Weinshall") (collectively, the "Defendants") have moved for summary judgment under Rule 56, Fed, R. Civ. P. to dismiss the Amended Complaint of plaintiff, Peter Giaccio, Jr. ("Giaccio" or the "Plaintiff"). For the reasons set forth below, the motion is granted.
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