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WITONSKY v. NEW YORK CITY TRANSIT AUTH.

2015-09131, Index No. 5226/08.

145 A.D.3d 938 (2016)

2016 NY Slip Op 08561

43 N.Y.S.3d 505

HADASSAH SHAINA WITONSKY, an Infant, by Her Father and Natural Guardian, RON J. WITONSKY, et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, et al., Defendants.

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

Decided December 21, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

On November 27, 2006, on Kings Highway in Brooklyn, a bus owned by the defendant New York City Transit Authority (hereinafter the NYCTA) and operated by the defendant Rudie Lindsay was struck in the rear by a vehicle operated by Bracha Witonsky and owned by the defendant Morris Ausfresser, in which the infant plaintiffs were passengers. Thereafter, the infant plaintiffs, by their father and natural...

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