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DE NISE v. NEW YORK CITY TR.

110307/10.

38 Misc.3d 358 (2012)

954 N.Y.S.2d 436

2012 NY Slip Op 22334

ALLISON DE NISE, an Infant, by Her Mother and Natural Guardian, JANET DE NISE, Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants. NEW YORK CITY TRANSIT AUTHORITY, Third-Party Plaintiff, v. COLUMBIA UNIVERSITY et al., Third-Party Defendants.

Supreme Court, New York County.

November 19, 2012.

Attorney(s) appearing for the Case

London Fischer LLP, New York City ( John E. Sparling of counsel), for third-party defendants.

Gary B. Pillersdorf & Associates, PC., New York City, for plaintiff.

Wallace D. Gossett and Zoe S. Hamler , Brooklyn, for defendants.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

It is ordered that this motion for summary judgment dismissing the third-party action by third-party defendants Columbia University and Turner Construction Company is denied.

In this action, plaintiff alleges that, on March 31, 2010, an M60 bus owned by defendant New York City Transit Authority (NYCTA) and driven by Elvis E. Washington struck a stationary concrete Jersey barrier at the corner of Broadway...

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