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FLOYD v. NEW YORK CITY TRANSIT AUTHORITY

2016-12266, 2016-12283. Index No. 504489/12.

167 A.D.3d 723 (2018)

89 N.Y.S.3d 292

2018 NY Slip Op 08470

William Floyd, Respondent, v. New York City Transit Authority et al., Defendants/Third-Party Plaintiffs-Appellants, et al., Defendant. Cemusa, Inc., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant.

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

Decided December 12, 2018.

Ordered that the order dated July 7, 2016, is affirmed; and it is further,

Ordered that the order dated July 8, 2016, is reversed, on the law, the branch of the motion of the third-party defendants Cemusa, Inc., and Cemusa NY, LLC, which was for summary judgment dismissing the third-party complaint is denied, and the matter is remitted to the Supreme Court, Kings County, for a determination on the merits of that branch of the subject motion which was to sever the...

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