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PHILIUS v. CITY OF NEW YORK

2015-11913. Index No. 20459/13.

161 A.D.3d 787 (2018)

75 N.Y.S.3d 511

2018 NY Slip Op 03161

Joel Philius, Respondent, v. City of New York, Defendant, and New York City Housing Authority, Appellant.

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

Decided May 2, 2018.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant New York City Housing Authority for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

On April 22, 2013, the plaintiff allegedly was injured while playing basketball on an outdoor basketball court owned by the defendants New York City Housing Authority (hereinafter NYCHA) and City of New York when he tripped on a crack...

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