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LEWIS v. CITY OF NEW YORK

2020-01662, Index No. 369/17.

206 A.D.3d 896 (2022)

170 N.Y.S.3d 587

2022 NY Slip Op 04015

Michael Lewis, Respondent, v. City of New York et al., Defendants, and Metropolitan Transportation Authority et al., Appellants.

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

Decided June 22, 2022.

Attorney(s) appearing for the Case

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

Elefterakis, Elefterakis & Panek, New York, NY ( Michael S. Marron of counsel), for respondent.

Connolly, J.P., Rivera, Miller and Wooten, JJ., concur.

Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof denying that branch of the motion of the defendants Metropolitan Transportation Authority, MTA Bus Company, NYC Transit Authority, and Cory Marcel Smith which was to compel the plaintiff to appear for further deposition and medical examinations, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar...

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