IAN CLARK, ap, v. CITY OF NEW YORK RESPONDENTS (AND A THIRD-PARTY ACTION)

IAN CLARK, ap, v. CITY OF NEW YORK RESPONDENTS (AND A THIRD-PARTY ACTION). (INDEX NO. 75008/10)In an action to recover damages for negligence, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Bunyan, J.), dated June 26, 2013, as granted those branches of the motion of the defendants City of New York, Department of Homeless Service, and Kingsboro Star House, and the separate motion of the defendant FJC Security Services, which were for summary judgment dismissing the complaint insofar as asserted against each of them, and denied that branch of his cross motion which was for summary judgment on the issue of liability against the defendants City of New York and Department of Homeless Service.

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IAN CLARK, ap, v. CITY OF NEW YORK RESPONDENTS (AND A THIRD-PARTY ACTION). (INDEX NO. 75008/10)In an action to recover damages for negligence, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Bunyan, J.), dated June 26, 2013, as granted those branches of the motion of the defendants City of New York, Department of Homeless Service, and Kingsboro Star House, and the separate motion of the defendant FJC Security Services, which were for summary judgment dismissing the complaint insofar as asserted against each of them, and denied that branch of his cross motion which was for summary judgment on the issue of liability against the defendants City of New York and Department of Homeless Service.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant FJC Security Services which was for summary judgment dismissing the complaint insofar as asserted against it, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the plaintiff payable by the defendant FJC Security Services, and one bill of costs to the defendants City of New York, Department of Homeless Service, and Kingsboro Star House, payable by the plaintiff.

IAN CLARK, ap, v. CITY OF NEW YORK RESPONDENTS (AND A THIRD-PARTY ACTION)

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