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BCHAKJAN v. CITY OF NEW YORK

Index No. 158738/17. Appeal No. 16670. Case No. 2021-02770.

210 A.D.3d 519 (2022)

179 N.Y.S.3d 196

2022 NY Slip Op 06543

Anne Bchakjan, Appellant, v. City of New York, Respondent, et al., Defendants.

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

Decided November 17, 2022.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York (Lauren E. Bryant of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Eva L. Jerome of counsel), for respondent.

Concur—Kern, J.P., Scarpulla, Pitt, Higgitt, JJ.

Order, Supreme Court, New York County (J. Machelle Sweeting, J.), entered July 22, 2021, which, to the extent appealed from as limited by the briefs, granted defendant City of New York's motion to dismiss the complaint pursuant to CPLR 3211(a)(7) and motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, plaintiff's claim reinstated, the complaint deemed amended to allege that the City had prior written notice, and the matter...

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