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SCHILT v. NYC TR. AUTH.

304 A.D.2d 189 (2003)

759 N.Y.S.2d 10

MICHAEL SCHILT, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, et al., Defendants.

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

April 17, 2003.

Attorney(s) appearing for the Case

Robert B. Taylor of counsel (Rovegno & Taylor, P.C., attorneys), for appellant.

Kristin M. Helmers of counsel (Joel H. Rosner on the brief; Michael A. Cardozo, Corporation Counsel of New York City, attorney), for municipal respondents.

Susan Penny Bernstein of counsel, (Linda M. Cronin on the brief; Cronin & Byczek, LLP, attorneys), for James Leghart, respondent.

MAZZARELLI, SAXE and MARLOW, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.P.

In this appeal, we are asked to determine, inter alia, whether the actions of the individual defendant New York City transit police officers fall within the scope of their employment with defendant the New York City Transit Authority, and if the motion court, in answering that question in the negative, properly granted defendant's motion for summary judgment and dismissed plaintiff's claim against the Transit Authority...

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