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CORSINO v. NEW YORK CITY TRANSIT AUTHORITY

9 N.Y.3d 978 (2007)

879 N.E.2d 157

849 N.Y.S.2d 18

CORDELIA A. CORSINO et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 2007.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York City (Scott T. Horn of counsel), for appellants.

Cerussi & Spring, White Plains (Peter J. Morris and Jeffrey N. Lanci of counsel), for New York City Transit Authority and others, respondents.

Law Offices of Kral, Clerkin, Redmond, Ryan, Perry & Girvan, LLP, New York City (Oliver W. Williams of counsel), for Villafane Electric Corp., respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be modified, with costs to plaintiffs against defendants New York City Transit Authority, CAB Associates and Villafane Electric Corp. by denying the motions for summary judgment by these defendants and, as so modified, affirmed, with costs to defendant Sheldon Electric Company, Inc. against plaintiffs.

Except as to defendant Sheldon...

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