MATTER OF CESELKA v. CITY OF NEW YORK

2011-11263.

101 A.D.3d 994 (2012)

957 N.Y.S.2d 210

2012 NY Slip Op 8727

In the Matter of JOHN CESELKA et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

December 19, 2012.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.

On July 4, 2010, the petitioners' home was severely damaged in a fire. Thereafter, the petitioners served a timely notice of claim on the City of New York alleging that after 911 calls were made in response to the fire, the City and the Fire Department of the City of New York (hereinafter together the appellants) "failed...

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