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HILL v. NEW YORK CITY TRANSIT AUTHORITY

272 A.D.2d 521 (2000)

708 N.Y.S.2d 893

JAMES HILL, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided May 22, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion for summary judgment without prejudice to renewal at a time when the plaintiff is able to provide a medical affidavit in opposition to such a motion. The plaintiff's incarceration at the time of the instant motion prevented him from being examined in order to provide a medical affidavit in opposition, and it appeared that the plaintiff...

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