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BENNETT v. NEW YORK CITY TR. AUTH.

Index No. 152179/20. Appeal No. 17170. Case No. 2022-00135.

212 A.D.3d 518 (2023)

180 N.Y.S.3d 533

2023 NY Slip Op 00262

Linda M. Bennett, Respondent, v. New York City Transit Authority et al., Appellants, and Dupree C. Druitt, Respondent, et al., Defendant.

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

Decided January 24, 2023.

Attorney(s) appearing for the Case

Anna J. Ervolina , MTA Law Department, Brooklyn ( Timothy J. O'Shaughnessy of counsel), for appellants.

Mallilo & Grossman, Flushing ( Stephen Grossman of counsel), for Linda M. Bennett, respondent.

Concur—Kapnick, J.P., González, Mendez, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Suzanne Adams, J.), entered January 4, 2022, which denied defendants New York City Transit Authority and Permanand Thirkapersaud's motion for summary judgment dismissing the complaint and cross claims as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff alleges that while she was a passenger on a Transit Authority bus, the driver...

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