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SIMO v. NEW YORK CITY TRANSIT AUTHORITY

13 A.D.3d 609 (2004)

788 N.Y.S.2d 145

ALTAGRACIA SIMO, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant-Respondent, NAB CONSTRUCTION CORP./GROW TUNNELING CORP., J.V., Respondent-Appellant, et al., Defendants.

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

December 27, 2004.

Ordered that the judgment is reversed, on the law, with costs, those branches of the motions which were pursuant to CPLR 4404 to set aside the verdict on the issue of liability and for judgment as a matter of law are granted, those branches of the motion which were pursuant to CPLR 4404 to set aside the verdict on the issue of damages are denied as academic, the complaint is dismissed insofar as asserted against the defendants New York City Transit Authority and NAB Construction...

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