MENDEZ v. CITY OF NEW YORK


7 A.D.3d 766 (2004)

778 N.Y.S.2d 501

MILAGROS MENDEZ, Appellant-Respondent, v. CITY OF NEW YORK et al., Respondents, and VARSITY TRANSIT, INC., Respondent-Appellant. (And a Third-Party Action.)

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

May 24, 2004.


Ordered that the order is modified, on the law, the facts, and as a matter of discretion, by deleting the provision thereof denying those branches of the motion of the defendant Varsity Transit, Inc., and the plaintiff's cross motion, which were to strike the answer of the defendants City of New York and Board of Education of the City of New York, and substituting therefor provisions granting those branches of the motion and cross motion, striking the answer of the defendants...

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