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YOUSSEF v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

24 A.D.3d 661 (2005)

808 N.Y.S.2d 362

GAMIL F. YOUSSEF et al., Respondents, v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, Appellant, et al., Defendant.

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

December 19, 2005.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the motion is granted, and the complaint in the action commenced under index No. 11029/03 is dismissed.

The Supreme Court erred in denying the motion of the defendant Triborough Bridge and Tunnel Authority (hereinafter the Authority) to dismiss the action commenced under index No. 11029/03 as time-barred. We agree with the Authority that it did not waive...

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