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FREDERICK v. CITY OF NEW YORK

2017-00881. Index No. 2798/15.

163 A.D.3d 776 (2018)

81 N.Y.S.3d 500

2018 NY Slip Op 05285

Denworth Frederick, Appellant, v. City of New York, Respondent, et al., Defendant.

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

Decided July 18, 2018.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 2007, the plaintiff commenced an action against the defendants City of New York and DeFazio & Sons Construction (hereinafter DeFazio), a contractor that performed work pursuant to a contract with the City. The plaintiff alleged that road construction work performed by DeFazio in April 2006 caused cracks and damage to his house. That action concluded...

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