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WHELAN v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

19 A.D.3d 483 (2005)

797 N.Y.S.2d 113

CECILIA WHELAN, Respondent, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant.

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

June 13, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied, as premature, the defendant's motion for summary judgment pursuant to CPLR 3212 (f) because certain relevant discovery remained outstanding. The plaintiff alleged that she was injured when she slipped and fell on an icy metal plate in an area of LaGuardia Airport that was part of a repair or construction project. The defendant moved for summary judgment on the ground that it was an...

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