PITT v. NEW YORK CITY TRANSIT AUTHORITY

2013-10753, Index No. 33476/06.

146 A.D.3d 826 (2017)

2017 NY Slip Op 00203

44 N.Y.S.3d 525

EUGENE PITT, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided January 11, 2017.


Ordered that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, the defendant's motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint is denied, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

The plaintiff commenced...

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