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CALIENDO v. SPERO

125 A.D.2d 520 (1986)

Susan Caliendo, Individually and as Administratrix of The Estate of Anthony Caliendo, Deceased, Plaintiff, v. Anthony V. Spero et al., Defendants. (Action No. 1.) David Susser et al., as Coexecutors of Rose Freundlich, Deceased, Respondents, v. James C. Spero et al., Defendants., and New York City Transit Authority, Appellant. (Action No. 2.) Susan Caliendo, Individually and as Administratrix of The Estate of Anthony Caliendo, Deceased, Respondent, v. City of New York et al., Defendants, and New York City Transit Authority, Appellant. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 22, 1986

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Special Term properly denied the TA's motion for summary judgment. There exist material questions of fact with respect to the plaintiffs' contention that the TA was responsible for the maintenance of the surface street tracks allegedly contributing to the death of plaintiffs...

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