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O'HALLORAN v. METROPOLITAN

160953/13, 3299.

154 A.D.3d 83 (2017)

60 N.Y.S.3d 128

2017 NY Slip Op 06237

MARGARET O'HALLORAN, Respondent, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Appellants.

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

Decided August 22, 2017.

Attorney(s) appearing for the Case

Steve S. Efron , New York City, for appellants.

The Kurland Group, New York City ( Erica T. Kagan of counsel), for respondent.

RICHTER and MANZANET-DANIELS, JJ., concur with ACOSTA, P.J.; KAHN and TOM, JJ., dissent in an opinion by KAHN, J.

OPINION OF THE COURT

The narrow issue on appeal is whether the motion court providently permitted plaintiff to amend her complaint to include belated claims of discrimination on the basis of sexual orientation on the ground that those claims related back to the original pleading, which timely alleged, inter alia, discrimination...

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