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DESTIN v. NEW YORK CITY TRANSIT AUTHORITY

303 A.D.2d 713 (2003)

756 N.Y.S.2d 864

MARIE M. DESTIN, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, MATTHEW C. UKPERE, Respondent, et al., Defendant.

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

Decided March 31, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the motion of the defendant New York City Transit Authority for summary judgment. Discovery is still outstanding. Thus, it would be premature to grant summary judgment at this stage of the proceedings (see CPLR 3212 [f]; Rajan v Insler, 300 A.D.2d 463 [2002]; AIT Intl. v Federal Express Corp.,

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