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McCONNELL v. SANTANA

2009-10846.

87 A.D.3d 618 (2011)

928 N.Y.S.2d 348

2011 NY Slip Op 6251

GERALDINE CARR McCONNELL, Individually and as Administratrix of the Estate of GEREMY McCONNELL, Respondent, v. HIRAM SANTANA et al., Appellants, et al., Defendants.

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

Decided August 16, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

By summons and complaint dated May 23, 2002, the plaintiff commenced this action to recover damages, inter alia, for the wrongful death of her son who was killed when the rear wheel of a bus owned by the defendant New York City Transit Authority (hereinafter the NYCTA) and operated by the defendant Hiram Santana ran over him after he apparently fell off a bicycle he was riding alongside the bus...

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