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GERMAIN v. CITY OF NEW YORK

2008-03928

66 A.D.3d 640 (2009)

886 N.Y.S.2d 501

2009 NY Slip Op 7227

EVELINE GERMAIN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 6, 2009.

Ordered that the order is affirmed, with one bill of costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted those branches of the separate motions of the defendants City of New York and Carol Radin pursuant to CPLR 4404 (a) which were to set aside the verdict in favor of the plaintiff on the issue of liability and for judgment as a matter of law dismissing the complaint. To grant a motion pursuant to

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