Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a determination, on the merits, of the motion of the defendant MTA Bus Company in accordance with CPLR 3211 (c) after proper notice is given to the parties pursuant to that statute that the Supreme Court is treating the motion as a motion for summary judgment.
On May 24, 2011, the plaintiff allegedly was injured on a bus...
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