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SANON v. MTA LONG ISLAND RAILROAD

2018-14839. Index No. 606250/17.

203 A.D.3d 773 (2022)

164 N.Y.S.3d 175

2022 NY Slip Op 01337

Marie Sanon, Appellant-Respondent, v. MTA Long Island Railroad et al., Respondents, and Town of Babylon, Respondent-Appellant, et al., Defendant.

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

Decided March 2, 2022.

Attorney(s) appearing for the Case

Law Offices of Fred M. Ainsley, P.C., Hauppauge, NY ( Fred M. Ainsley, Jr. , of counsel), for appellant-respondent.

Mark A. Cuthbertson , Huntington, NY ( Matthew DeLuca of counsel), for respondent-appellant.

Shein and Associates, P.C., Syosset, NY ( Jeffrey Shein , Susan R. Nudelman , and Barry Montrose of counsel), for respondents.

Duffy, J.P., Iannacci, Maltese and Ford, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the motion of the defendants MTA Long Island Railroad and Metropolitan Transportation Authority which were for summary judgment dismissing the complaint insofar as asserted against them and on their cross claim for contractual indemnification insofar as asserted against the defendant Town of Babylon, and substituting therefor a provision denying those branches of the...

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