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Decided on March 13, 2013
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT MARK C. DILLON, J.P. DANIEL D. ANGIOLILLO JOHN M. LEVENTHAL ROBERT J. MILLER, JJ.
2011-10078 2012-08442 (Index No. 32442/07)
[*1]Patrick Byrne, et al., respondents,
v

Thomas Nicosia, et al., appellants.
McGaw, Alventosa & Zajac, Jericho, N.Y. (Dawn C. DeSimone
and James K. O'Sullivan of counsel), for appellants.
Salenger, Sack, Kimmel & Bavaro, LLP, Woodbury, N.Y.
(Diane K. Farrell, John P.
Zervopoulos, and Brian J. Shoot of
counsel), for respondents Patrick
Byrne and Tina Byrne.

DECISION & ORDER
In an action to recover damages for personal injuries, etc., the defendants appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Mayer, J.), dated September 19, 2011, as denied their motion for summary judgment dismissing the complaint and granted the cross motion of the plaintiffs Patrick Byrne and Tina Byrne for summary judgment on their cause of action pursuant to General Municipal Law

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New York Law