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ANDRE v. CITY OF NEW YORK

19 A.D.3d 340 (2005)

796 N.Y.S.2d 172

HANZ ANDRE et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants. (Action No. 1.) GREEN BUS LINES, INC., et al., Respondents, v. CITY OF NEW YORK, Defendant, and METROPOLITAN TRANSPORTATION AUTHORITY, Appellant. (Action No. 2.)

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

June 6, 2005.

Ordered that the appeal from the order dated October 5, 2004, is dismissed, as that order was superseded by the order dated December 23, 2004, made upon reargument; and it is further,

Ordered that the order dated December 23, 2004, is reversed insofar as appealed from, on the law and the facts and as a matter of discretion, with one bill of costs, upon reargument, the order dated October 5, 2004, is vacated, and the cross motion is denied.

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