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NANIA v. METROPOLITAN TR. AUTH.

14073, 402990/10.

124 A.D.3d 552 (2015)

998 N.Y.S.2d 634

MATTEO NANIA, Respondent, v. METROPOLITAN TRANSIT AUTHORITY et al., Appellants.

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

Decided January 29, 2015.

Under the circumstances presented, where the parties offered conflicting versions as to how the accident occurred, the court properly found that triable issues of fact and credibility precluded the dismissal of the action (see Odikpo v American Tr., Inc., 72 A.D.3d 568 [1st Dept 2010]; Elamin v Roberts Express, 290 A.D.2d 291 [1st Dept 2002]).

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