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AUSTIN v. CITY OF NEW YORK

280 A.D.2d 425 (2001)

721 N.Y.S.2d 500

ARNELL AUSTIN et al., Appellants, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided February 27, 2001.

No basis exists to depart from our precedent dismissing other actions brought against defendant arising out of the same incident (Lee v New York City Tr. Auth., 249 A.D.2d 93 [lv dismissed in part and denied in part 92 N.Y.2d 944], citing Weiner v Metropolitan Transp. Auth., 55 N.Y.2d 175). The foregoing should not be understood as condonation of...

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