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  5. 249 A.D.2d 280 (1998)
 

MESSENA v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

249 A.D.2d 280 (1998)

670 N.Y.S.2d 358

Joseph Messena et al., Respondents, v. Manhattan & Bronx Surface Transit Operating Authority et al., Appellants

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

April 6, 1998

Ordered that the appeal from the order dated July 12, 1996, is dismissed as that order was superseded by the order dated March 12, 1997, made in effect, upon renewal; and it is further,

Ordered that the order dated March 12, 1997, is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

The motion for summary judgment was properly denied since there is a factual dispute...

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