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SMALL v. CITY OF NEW YORK

54 A.D.3d 747 (2008)

864 N.Y.S.2d 437

MARIETTA SMALL, as Administrator of Estate of ARLETA ELEZI XHAFERRI, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants. (Action No. 1.) MARIETTA SMALL, as Administrator of Estate of SUELA MJOLLI, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants. (Action No. 2.) (And Other Actions.)

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

September 9, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contentions, the Supreme Court properly granted the motions of the defendants City of New York, Sanitation Department of the City of New York, and Mark A. Fonti (hereinafter collectively the municipal defendants) for summary judgment dismissing the complaints in actions No. 1 and 2 insofar as asserted against them. Since the municipal defendants were engaged in the...

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