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FERNANDO v. NEW YORK CITY TR. AUTH.

2020-02914. Index No. 520451/16.

204 A.D.3d 888 (2022)

164 N.Y.S.3d 853

2022 NY Slip Op 02533

Emmanuella Fernando, Appellant, v. New York City Transit Authority et al., Defendants/Third-Party Plaintiffs-Respondents. Braun USA, LLC, Third-Party Defendant-Respondent.

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

Decided April 20, 2022.

Attorney(s) appearing for the Case

Wellerstein & Associates, P.C., Maspeth, NY ( Leonora Bloom and Hedva Wellerstein of counsel), for appellant.

Anna J. Ervolina , Brooklyn, NY ( Timothy J. O'Shaughnessy of counsel), for defendants third-party plaintiffs-respondents.

Barros, J.P., Chambers, Miller and Dowling, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendants/third-party plaintiffs' motion and the third-party defendant's separate motion are denied.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained in a motor vehicle accident on September 8, 2015. The defendants/third-party plaintiffs moved for summary judgment dismissing the complaint and the third...

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