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JOHNSON v. NEW YORK CITY TRANSIT AUTHORITY

2010-11794.

96 A.D.3d 906 (2012)

946 N.Y.S.2d 493

2012 NY Slip Op 4974

DWAYNE JOHNSON, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

June 20, 2012.

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

The plaintiff allegedly sustained injuries when the subway train in which he was a passenger collided with a bicycle on the track while the train was traveling between two subway stations. The plaintiff commenced this action to recover damages for personal injuries against the defendant, the New York City

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