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TURTON v. NEW YORK CITY TRANSIT AUTHORITY

2012-07637.

102 A.D.3d 953 (2013)

958 N.Y.S.2d 610

2013 NY Slip Op 477

ANN TURTON et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, et al., Defendant.

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

Decided January 30, 2013.

Ordered that the order is affirmed, with costs.

On January 26, 2006, the injured plaintiff was assaulted by the defendant Gang M. Kim in front of a token booth at the Main Street subway station in Flushing, Queens. The injured plaintiff and her husband, suing derivatively, commenced this action to recover damages for personal injuries against the New York City Transit Authority (hereinafter the NYCTA) and Kim. The Supreme Court granted the NYCTA's motion for summary...

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