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SMOUHA v. MTA

8 Misc.3d 248 (2005)

MELISSA SMOUHA, as Parent and Natural Guardian of MARC SMOUHA and Others, Infants, Plaintiff v. METROPOLITAN TRANSIT AUTHORITY et al., Defendants.

Supreme Court, Kings County.

April 25, 2005.

Attorney(s) appearing for the Case

Boies, Schiller & Flexner, LLP, New York City (Steven I. Froot of counsel), for Pacific Telesis Group and another, defendants.

Dweck Law Firm, New York City (Robert W. Phelan of counsel), for plaintiff.

Westermann Hamilton Sheey Aydelott & Keenan, LLP, Garden City (Suzanne M. Henneberger of counsel), for Metropolitan Transit Authority, defendant.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

Defendants Pacific Telesis Group and SBC Communications Inc. have moved for an order pursuant to CPLR 3212 granting summary judgment dismissing plaintiff's amended complaint as to them. Plaintiff Melissa Smouha has cross-moved for an order granting summary judgment in favor of plaintiff and against Pacific Telesis and SBC.

The complaint alleges that prior to 1995, Ruth L. Samuels delivered to plaintiff...

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