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MIRJAH v. NEW YORK CITY TRANSIT AUTHORITY

48 A.D.3d 764 (2008)

853 N.Y.S.2d 148

DE'RON MIRJAH, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided February 26, 2008.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The plaintiff commenced this action, inter alia, to recover damages for wrongful death after the decedent was struck and killed by a subway train in the early morning hours of July 15, 2000 at the Parkside Avenue station in Brooklyn. The defendant moved for summary judgment dismissing the complaint. The Supreme Court denied the motion...

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