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MADERA v. CITY OF NEW YORK

63 A.D.3d 483 (2009)

879 N.Y.S.2d 713

YANIRIS MADERA, as Parent and Legal Guardian of STEPHANIE MEDINA, et al., Respondents, v. CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided June 9, 2009.

The complaint is dismissed against the City, since it is not a proper party to this action (see Corzino v City of New York, 56 A.D.3d 370 [2008]; Bailey v City of New York, 55 A.D.3d 426 [2008]; Perez v City of New York, 41 A.D.3d 378 [2007], lv denied 10 N.Y.3d 708 [2008]).

In view of the foregoing, we need not address the parties...

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