January 22, 2024

Motions to dismiss.

Further discovery is necessary in order to resolve factual questions, most notably the precise location at which the accident occurred and the party responsible for repair and maintenance. Therefore, the CPLR 3211 motion to dismiss is denied as premature.

Wright v, City of New York, NY Slip Op 00253 (1st Dep't January 18, 2024)

Here is the decision.