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SACCOMAGNO v. CITY OF NEW YORK

29 A.D.3d 979 (2006)

814 N.Y.S.2d 880

CHAD SACCOMAGNO, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

May 30, 2006.

Ordered that the appeal from the order dated November 10, 2004 is dismissed, as that order was superseded by the amended order dated January 19, 2005; and it is further,

Ordered that the amended order dated January 19, 2005 is reversed, on the law, the motion for leave to reargue and renew is denied, so much of the order dated February 25, 2004 as granted the cross motion is reinstated, the complaint is dismissed insofar as asserted against the defendant New York...

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