YIMI DESAY, AN INFANT, BY HER MOTHER AND LEGAL GUARDIAN, SARA YARD plf-ap, v. COPO MANAGEMENT, LLC def-res, FRANCISCO COLON, def

9714. YIMI DESAY, AN INFANT, BY HER MOTHER AND LEGAL GUARDIAN, SARA YARD plf-ap, v. COPO MANAGEMENT, LLC def-res, FRANCISCO COLON, def — Pe?a & Kahn, PLLC, Bronx (Diane Welch Bando of counsel), for ap — Fabiani Cohen & Hall, LLP, New York (Kevin B. Pollak of counsel), for COPO Management, LLC, res — Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for municipal res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered January 25, 2012, which granted the motions of defendants COPO Management LLC (COPO), The City of New York and The New York City Department of Education (collectively City) for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

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9714. YIMI DESAY, AN INFANT, BY HER MOTHER AND LEGAL GUARDIAN, SARA YARD plf-ap, v. COPO MANAGEMENT, LLC def-res, FRANCISCO COLON, def — Pe?a & Kahn, PLLC, Bronx (Diane Welch Bando of counsel), for ap — Fabiani Cohen & Hall, LLP, New York (Kevin B. Pollak of counsel), for COPO Management, LLC, res — Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for municipal res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered January 25, 2012, which granted the motions of defendants COPO Management LLC (COPO), The City of New York and The New York City Department of Education (collectively City) for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Plaintiff Yimi Desay was allegedly bitten by a pitbull that entered a public park, owned and operated by the City, through a hole in the fence between the park and the adjacent premises, which is owned by COPO. The dog belonged to a tenant in COPO’s premises.

YIMI DESAY, AN INFANT, BY HER MOTHER AND LEGAL GUARDIAN, SARA YARD plf-ap, v. COPO MANAGEMENT, LLC def-res, FRANCISCO COLON, def

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