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HOLY NAME OF JESUS ROMAN CATHOLIC CHURCH v. NEW YORK CITY TRANSIT AUTHORITY

28 A.D.3d 520 (2006)

813 N.Y.S.2d 197

HOLY NAME OF JESUS ROMAN CATHOLIC CHURCH, in the Borough of Brooklyn in the City of New York, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, and CITY OF NEW YORK, Respondent.

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

April 11, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the defendant New York City Transit Authority, and the action against the remaining defendant is severed.

The plaintiff commenced this action for property damage against, inter alia, the defendant New York City Transit Authority (hereinafter the defendant) alleging that the vibrations...

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