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SUTTON v. METROPOLITAN TR. AUTH. BUS CO.

2019-10350. Index No. 707506/14.

197 A.D.3d 1200 (2021)

154 N.Y.S.3d 77

2021 NY Slip Op 04988

Cullette Vanessa Sutton, Respondent, et al., Plaintiff, v. Metropolitan Transit Authority Bus Company, Appellant, et al., Defendant.

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

Decided September 15, 2021.

Attorney(s) appearing for the Case

Armienti, DeBellis & Rhoden, LLP, New York, NY ( Vanessa M. Corchia of counsel), for appellant.

Gekman Law Firm, P.C., Brooklyn, NY (Arnold E. DiJoseph, P.C. [ Arnold E. DiJoseph III ], of counsel), for respondent.

Dillon, J.P., Austin, Duffy and Barros, JJ., concur.

Ordered that the order entered July 8, 2019, is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs' motion which was, in effect, pursuant to CPLR 5015(a)(1) to vacate so much of the order dated November 20, 2017, as, sua sponte, directed dismissal of the complaint insofar as asserted by the plaintiff Cullette Vanessa Sutton, in effect, pursuant to 22 NYCRR 202.27, and to restore the action to the calendar insofar as asserted by that plaintiff...

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