FAJARDO v. CITY OF NEW YORK

2019-06762. Index No. 518143/16.

197 A.D.3d 456 (2021)

148 N.Y.S.3d 908

2021 NY Slip Op 04596

Ana Fajardo, Respondent, v. City of New York et al., Respondents, and New York City Transit Authority, Appellant, et al., Defendants.

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

Decided August 4, 2021.


Attorney(s) appearing for the Case

Anna Ervolina , Brooklyn, NY ( Timothy O'Shaughnessy of counsel), for appellant.

Peña & Kahn, PLLC, Bronx, NY ( Eric J. Gottfried of counsel), for plaintiff-respondent.

Georgia M. Pestana , Corporation Counsel, New York, NY ( Aaron M. Bloom and Kevin Osowski of counsel), for defendant-respondent City of New York.

Silverman Shin & Byrne PLLC, New York, NY ( Wayne S. Stanton and Michael Byrne of counsel), for defendant-respondent Dormitory Authority of the State of New York.

Rivera, J.P., Miller, Barros and Brathwaite Nelson, JJ., concur.


Ordered that the appeal from so much of the order as granted that branch of the motion of the defendant City of New York which was for summary judgment dismissing the complaint insofar as asserted against it and granted that branch of the cross motion of the defendant Dormitory Authority of the State of New York which was for summary judgment dismissing the complaint insofar as asserted against it is dismissed, as the defendant New York City Transit Authority is not aggrieved...

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