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Toribio v. City of New York

Plaintiff Fails to Successfully Argue Relation-Back, Motion to Amend Denied

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ADDITIONAL CASES Citybridge, LLC, Third-Party Plaintiff v. MFM Contracting Corp., Third-Party Defendant; Third-Party 595398/2023 The following e-filed documents, listed by NYSCEF document number (Motion 001) 26, 27, 28, 29, 30, 31, 32, 33 were read on this motion to AMEND CAPTION/PLEADINGS. DECISION + ORDER ON MOTION On September 5, 2018, plaintiff commenced this action alleging that on April 22, 2018, she tripped and fell in the crosswalk at the intersection of Third Avenue and East 87th Street, New York, New York, sustaining injuries (NYSCEF Doc. No. 29 [Compl. at

4-5]). Plaintiff alleges that defendants the City of New York, Consolidated Edison Inc., and Citybridge, LLC (“Citybridge”) negligently caused and created the defective condition at issue (Id. at 26). On May 3, 2023, Citybridge commenced a third-party action against MFM Contracting Corp. (“MFM”), asserting claims for contractual and common law indemnification, contribution, and breach of contract, alleging that, pursuant to a contractual agreement, “MFM agreed to provide services required to perform the installation, operation, and maintenance of Kiosks” and indemnify Citybridge for all claims arising out of MFM’s performance of its contractual obligations (NYSCEF Doc. No. 18 [Third-Party Compl. at

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