HERRERA v. GARGISO

2015-11792, Index No. 1604/15.

140 A.D.3d 1122 (2016)

34 N.Y.S.3d 498

2016 NY Slip Op 05120

DIANA CHRISTINA HERRERA, Appellant, v. JAMES P. GARGISO et al., Respondents.

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

Decided June 29, 2016.


Ordered that the order is modified, on the facts and in the exercise of discretion, by adding to the first decretal paragraph thereof, after the phrase "denied in all respects," the words "without prejudice to renewal after completion of discovery"; as so modified, the order is affirmed insofar as appealed from, with costs payable to the defendants.

The plaintiff allegedly was injured while she was crossing a street in...

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