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MATTER OF POSTER v. INCORPORATED VIL. OF NEW HYDE PARK

2021-00290. Index No. 609734/20.

208 A.D.3d 585 (2022)

173 N.Y.S.3d 309

2022 NY Slip Op 04914

In the Matter of Brian Poster et al., Appellants, v. Incorporated Village of New Hyde Park, Respondent.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Gruenberg Kelly Della , Ronkonkoma, NY ( Zachary M. Beriloff of counsel), for appellants.

Gerber Ciano Kelly Brady, LLP, Garden City, NY ( Jamie R. Prisco and Brian W. McElhenny of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs.

On June 24, 2019, the petitioner Brian Poster allegedly was injured when he tripped and fell at the New Hyde Park train station in New Hyde Park. On July 19, 2019, Poster served a notice of claim upon the Long Island Rail Road (hereinafter the LIRR) and the Metropolitan Transit Authority (hereinafter the MTA). On February 6, 2020, Poster, and his wife suing derivatively, commenced an action by summons and complaint against...

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