MATTER OF ZVEGINTZOV v. NEW YORK CITY TRANSIT AUTHORITY

2015-06080, Index No. 15072/14.

144 A.D.3d 934 (2016)

2016 NY Slip Op 07667

41 N.Y.S.3d 715

In the Matter of NICHOLAS ZVEGINTZOV, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided November 16, 2016.


Ordered that the order and judgment is reversed, on the law, without costs or disbursements, that branch of the respondent's motion which was, in effect, pursuant to CPLR 3211 (a) (7) and 7804 (f) to dismiss the petition for failure to state a cause of action is denied, the petition is reinstated and granted, the determination dated June 25, 2014, is annulled, and the decision dated March 28, 2014, is vacated.

Under the unique facts and circumstances of this particular...

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