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CALIFANO v. CITY OF NEW YORK

17 A.D.3d 389 (2005)

792 N.Y.S.2d 357

MELISSA CALIFANO et al., Respondents, v. CITY OF NEW YORK, Respondent, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

April 11, 2005.

Ordered that the appeal is dismissed, with costs payable to the respondents.

The only determination made by the Supreme Court in the order appealed from was the denial of the motion by the defendant New York City Transit Authority "to reargue" its prior motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it. Although the motion was denominated as one for leave to reargue and renew a prior summary judgment motion, the...

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