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MARION v. CITY OF NEW YORK

2015-04485. Index No. 27722/10.

153 A.D.3d 691 (2017)

60 N.Y.S.3d 289

2017 NY Slip Op 06171

CHAD MARION, an Infant, by His Parent and Natural Guardian, KENYA MARION, et al., Appellants, v. CITY OF NEW YORK, Defendant/Third-Party Plaintiff-Respondent, and CHARLES SMITH, Appellant. MTA Bus COMPANY, Defendant/Third-Party Defendant-Respondent.

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

Decided August 16, 2017.

Ordered that the appeals are dismissed, without costs or disbursements.

On January 12, 2010, the plaintiff Chad Marion (hereinafter the injured plaintiff) allegedly was struck by a vehicle driven by the defendant Charles Smith while attempting to cross a street after having alighted from a bus operated by the defendant MTA Bus Company (hereinafter MTA). The injured plaintiff, and his mother suing derivatively, commenced...

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