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CELENTANO v. CITY OF NEW YORK

Index No. 301362/13E. Appeal No. 17097. Case No. 2021-04735.

212 A.D.3d 456 (2023)

183 N.Y.S.3d 11

2023 NY Slip Op 00151

Andrea Celentano, as Executrix of the Estate of John Marrero, Deceased, Appellant, v. City of New York et al., Appellants, and ZHL Group, Inc., Respondent. (And a Third-Party Action.)

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

Decided January 12, 2023.

Attorney(s) appearing for the Case

Pascale Law, Mineola (Brian C. Pascale of counsel), for Andrea Celentano, appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Eva L. Jerome of counsel), for The City of New York and New York City Department of Parks and Recreation, appellants.

Milber Makris Plousadis & Seiden, LLP, Woodbury (Lorin A. Donnelly of counsel), for respondent.

Concur— Kern, J.P., Oing, Scarpulla, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered November 5, 2021, which granted defendant ZHL Group, Inc.'s (ZHL) motion for summary judgment dismissing the complaint and all cross claims against it, unanimously affirmed, without costs.

Plaintiff's decedent, John Marrero, sustained injuries when he tripped over a concrete cinder block at a construction site. Defendants City of New York and New York City Department of Parks and Recreation (the...

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