DAVIS v. NEW YORK CITY TRANSIT AUTHORITY


63 A.D.3d 990 (2009)

882 N.Y.S.2d 207

ANN DAVIS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant, and CITY OF NEW YORK et al., Appellants.

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

Decided June 23, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the defendants City of New York, "John Doe," and "Richard Roe" which was for summary judgment dismissing the complaint insofar as asserted against them is granted, and the plaintiff's cross motion for leave to serve a second amended complaint is denied.

The plaintiff commenced this action after her son, Clarence Davis (hereinafter Davis), was stabbed while...

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