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FRAZIER v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY

2009-07277.

75 A.D.3d 619 (2010)

905 N.Y.S.2d 657

CRAIG FRAZIER et al., Respondents, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided July 27, 2010.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant New York City Transit Authority for summary judgment dismissing the complaint insofar as asserted against it is granted.

On April 26, 1999, the infant plaintiff (hereinafter the plaintiff), who was 17 years old, boarded a bus operated by the defendant New York City Transit Authority (hereinafter NYCTA) in Brooklyn and was involved in a fight with another passenger who shot...

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