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THEN v. NEW YORK CITY TR. AUTH.

2011-02691.

99 A.D.3d 986 (2012)

952 N.Y.S.2d 458

2012 NY Slip Op 7100

KEVIN THEN et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, et al., Defendant.

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

October 24, 2012.

Ordered that the order entered January 10, 2011, is affirmed, with costs.

Contrary to the plaintiffs' contention, the defendant New York City Transit Authority (hereinafter the NYCTA) timely complied with the Supreme Court's conditional order of preclusion dated March 4, 2009. Consequently, that conditional order never became absolute (see Caval v City of New York, 89 A.D.3d 885 [2011]; McGroarty v Long Is. Coll. Hosp...

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