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HAN v. NEW YORK CITY TR. AUTH.

Index Nos. 152872/13, 595681/16. Appeal No. 15525. Case No. 2021-03884.

203 A.D.3d 511 (2022)

164 N.Y.S.3d 602

2022 NY Slip Op 01737

Ashley Han, as Administratrix of the Estate of Ki Suck Han, Deceased, et al., Plaintiffs, v. New York City Transit Authority, Respondent/Third-Party Plaintiff-Respondent. Naeem Davis, Third-Party Defendant-Appellant.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP, New York ( Boaz I. Cohen of counsel), for appellant.

Anna J. Ervolina , Brooklyn ( Timothy J. O'Shaughnessy of counsel), for respondent.

Concur—Gische, J.P., Kern, González, Shulman, Higgitt, JJ.

In March 2013, plaintiffs commenced this action for wrongful death against NYCTA after plaintiffs' decedent was pushed onto subway tracks at the 49th Street Q train station in Manhattan and struck by an oncoming train in December 2012. Issue was joined, and in September 2016, NYCTA commenced a third-party action for contribution and indemnification against Davis, who had been the person to push the decedent.

On January 14, 2021, Davis interposed a counterclaim against...

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