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FIERO v. CITY OF NEW YORK

2019-01923. Index No. 508360/13.

190 A.D.3d 822 (2021)

140 N.Y.S.3d 602

2021 NY Slip Op 00293

Emily Fiero, Respondent-Appellant, v. City of New York, Respondent, Metropolitan Transportation Authority et al., Appellants-Respondents, and Son Claire Realty, LLC, Respondent-Appellant.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Lawrence Heisler , Brooklyn, NY ( Timothy J. O'Shaughnessy of counsel), for appellants-respondents.

Gersowitz, Libo & Korek, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Michael H. Zhu ], of counsel), for plaintiff-respondent-appellant.

Milber Makris Plousidas & Seiden, LLP, Woodbury, NY ( Sarah M. Ziolkowski of counsel), for defendant-respondent-appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Fay Ng and Ashley R. Garman of counsel), for respondent.

Austin, J.P., Miller, Barros and Connolly, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendants Metropolitan Transportation Authority and New York City Transit Authority which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against the defendant Metropolitan Transportation Authority, and substituting therefor a provision granting that branch of the...

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