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GARCIA v. CITY OF NEW YORK

2007-06799.

2008 NY Slip Op 06439

ROSA GARCIA, ET AL., plaintiffs-respondents, v. CITY OF NEW YORK, defendant-respondent, KEYSPAN ENERGY DELIVERY N.Y.C., appellant.

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

Decided July 29, 2008.

Attorney(s) appearing for the Case

Cullen and Dykman LLP, Brooklyn, N.Y. (Nicole M. Snyder and Joseph C. Fegan of counsel), for appellant.

Fraiden & Palen, Bronx, N.Y. (Marion Palen of counsel), for plaintiffs-respondents.

Before: STEVEN W. FISHER, J.P., DAVID S. RITTER, ANITA R. FLORIO, EDWARD D. CARNI, JJ.

DECISION & ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion of the defendant Keyspan Energy Delivery N.Y.C. for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

The Supreme Court should have granted the motion of the defendant Keyspan Energy Delivery N.Y.C. (hereinafter Keyspan), for summary judgment dismissing the complaint and all cross claims insofar as asserted...

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