HINES v. NEW YORK CITY TRANSIT AUTHORITY


264 A.D.2d 506 (1999)

694 N.Y.S.2d 473

LAWANDA Y. HINES, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, et al., Defendants. (Action No. 1.) JOSE DEYNES, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, et al., Defendants. (Action No. 2.) JOSE SANTOS, Respondent-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants-Respondents, et al., Defendant. (Action No. 3.) MALCOLM SIMPSON et al., Respondents, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Appellants, et al., Defendants. (Action No. 4.) BRIAN COLVIL et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, et al., Defendants. (Action No. 5.)

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

Decided August 30, 1999.


Ordered that the cross appeal by the plaintiff in Action No.3, Jose Santos, is dismissed, without costs or disbursements, as no cross appeal lies from an order entered upon the default of the aggrieved party (see, CPLR 5511; High v Coletti, 143 A.D.2d 810); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, those branches of the appellants' motion which were for summary judgment...

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