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MATTER OF SENIORS FOR SAFETY v. NEW YORK CITY DEPT. OF TRANSP.

2011-09557.

101 A.D.3d 1029 (2012)

957 N.Y.S.2d 710

2012 NY Slip Op 8751

In the Matter of SENIORS FOR SAFETY et al., Appellants, v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION et al., Respondents.

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

December 19, 2012.

Ordered that the order and judgment is modified, on the law, (1) by deleting the provision thereof dismissing the first cause of action in the amended petition, and (2) by deleting the provision thereof denying, as academic, that branch of the petitioners' motion which was pursuant to CPLR 408 for leave to conduct limited discovery on the issue of whether the challenged project was initially installed on a trial basis; as so modified, the order and judgment is affirmed insofar...

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