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MANCUSO v. MTA NEW YORK CITY TRANSIT

2009-10284.

80 A.D.3d 577 (2011)

914 N.Y.S.2d 283

JOHN MANCUSO et al., Appellants, v. MTA NEW YORK CITY TRANSIT et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided January 11, 2011.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the defendants MTA New York City Transit and Granite Construction Northeast, Inc., which was for summary judgment dismissing so much of the complaint as sought to recover damages for common-law negligence insofar as asserted against the defendant Granite Construction Northeast, Inc., and substituting therefor a provision denying that branch of the...

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