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HOBBS v. MTA BUS CO.

Index No. 155887/17. Appeal No. 16826. Case No. 2021-02660.

211 A.D.3d 471 (2022)

180 N.Y.S.3d 113

2022 NY Slip Op 06999

Aja Hobbs, Respondent, v. MTA Bus Company et al., Appellants, and Hamza Intizar, Respondent.

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

Decided December 8, 2022.

Attorney(s) appearing for the Case

Marulli, Mannarino, Erichsen & Tomaszewski, LLP, New York ( Samuel A. Messa of counsel), for appellants.

Zemsky & Salomon, P.C., Hempstead ( Thomas G. Grogan of counsel), for AJA Hobbs, respondent.

Marjorie E. Bornes , Brooklyn, for Hamza Intizar, respondent.

Concur— Kapnick, J.P., Oing, Singh, Moulton, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Lisa A. Headley, J.), entered on or about June 5, 2021, which, to the extent appealed from as limited by the briefs, denied the cross motions of defendants MTA Bus Company and Giovanni Frusciante (MTA defendants) for summary judgment dismissing the complaint against them based on plaintiff's inability to meet the serious injury threshold of Insurance Law § 5102(d) and on their lack of liability, and granted plaintiff's cross motion...

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