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Worg v. City of New York

Note of Issue Vacated as Discovery Was Still Outstanding

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 27, 28, 29, 30, 31, 32, 33, 34, 35, 41, 42, 43, 44, 45, 46, 47, 48, 57, 58, 59, 60, 61, 62, 63 were read on this motion to VACATE/STRIKE — NOTE OF ISSUE. The following e-filed documents, listed by NYSCEF document number (Motion 002) 36, 37, 38, 39, 40, 49, 50, 51, 52, 53, 54, 55, 56 were read on this motion to VACATE/STRIKE — NOTE OF ISSUE. DECISION + ORDER ON MOTION Upon the foregoing documents, the motions by defendants Consolidated Edison Company of New York, Inc. (“ConEd”) and the City of New York (the “City”) to vacate the note of issue is granted for the reasons set forth below. Plaintiff commenced this action to recover for injuries allegedly sustained on August 26, 2020 when his bicycle stuck a “depressed and sunken steel utility cover” within the roadway of First Avenue, between East 89th Street and East 90th Street, New York, New York (NYSCEF Doc. Nos. 1 [Compl. at

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