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DIAZ v. CITY OF NEW YORK

2017-09882. Index No. 5188/09.

190 A.D.3d 940 (2021)

136 N.Y.S.3d 908

2021 NY Slip Op 00415

George Diaz et al., Appellants, v. City of New York et al., Defendants, and Verizon New York, Inc., et al., Respondents. (And a Third-Party Action.)

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

Decided January 27, 2021.

Attorney(s) appearing for the Case

Law Office of Yana Rubin, LLC, New York, NY, for appellants.

Lewis Brisbois Bisgaard & Smith LLP, New York, NY ( Peter Shapiro and Alexandra J. Rothstein of counsel), for respondent Verizon New York, Inc.

Bartlett LLP, White Plains, NY ( David C. Zegarelli and Robert G. Vizza of counsel), for respondent DiFazio Industries, Inc.

Chambers, J.P., LaSalle, Iannacci and Christopher, JJ., concur.

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

On May 6, 2008, at approximately 11:30 a.m., the plaintiff George Diaz (hereinafter the injured plaintiff) allegedly tripped and fell on a sidewalk adjacent to certain real property in Brooklyn. The injured plaintiff, and his wife suing derivatively, commenced two personal injury actions against various defendants, including the defendants DiFazio Industries, Inc. (hereinafter DiFazio...

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