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BARANOWITZ v. NEW YORK CITY TRANSIT AUTH.

243 A.D.2d 521 (1997)

663 N.Y.S.2d 1000

August Baranowitz, Respondent, v. New York City Transit Authority et al., Appellants

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

October 14, 1997

Ordered that the cross motion is denied; and it is further,

Ordered that the motion to resettle this Court's unpublished decision and order dated June 9, 1997, is granted to the extent that the decision and order is recalled and vacated and the following is substituted therefor, and the motion is otherwise denied:

In an action to recover damages for personal injuries and wrongful death, the defendants appeal from a judgment of the Supreme Court, Kings County...

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