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LOVATO v. NEW YORK CITY TRANSIT AUTHORITY

50 A.D.3d 969 (2008)

855 N.Y.S.2d 685

ANA LOVATO, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided April 22, 2008.

Ordered that the judgment is reversed, on the law, with costs, the motion pursuant to CPLR 4401 to dismiss the complaint for failure to establish a prima facie case is granted, and the complaint is dismissed.

The plaintiff commenced this action based upon the allegation that she sprained her ankle when she stepped off a bus operated by the defendant New York City Transit Authority (hereinafter the defendant). According to the plaintiff, the defendant was negligent...

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