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ABELESZ v. CITY OF NEW YORK

2017-11249, Index No. 504923/17.

175 A.D.3d 1225 (2019)

105 N.Y.S.3d 908

2019 NY Slip Op 06461

Ernest Abelesz, as Trustee of A & L Family Trust, Appellant, v. City of New York, et al., Respondents.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

Eli S. Fixler, Brooklyn, NY, for appellant.

Georgia M. Pestana, Acting Corporation Counsel, New York, NY (Melanie T. West and Elizabeth I. Freedman of counsel), for respondents.

Scheinkman, P.J., Cohen, Maltese and LaSalle, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint is denied.

The plaintiff, as the trustee of the A & L Family Trust (hereinafter the Trust), commenced this action by filing a summons and complaint in March 2017. The plaintiff alleged that the defendant New York City Department of Buildings (hereinafter the DOB) issued a notice of violation relating to excavation work on property...

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