DeGroat v. City of New York

In an action to recover damages for personal injuries, etc., the defendants City of New York, NYC Department of Transportation, and NYC Department of Environmental Protection appeal from an order of the Supreme Court, Richmond County (Aliotta, J.), dated January 28, 2015, which denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against them or, in the alternative, for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The infant plaintiff was injured when a vehicle in which she…