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OPUTA v. NEW YORK CITY TRANSIT AUTHORITY

Index No. 300661/14E. Appeal No. 197. Case No. 2022-02863.

216 A.D.3d 461 (2023)

188 N.Y.S.3d 59

2023 NY Slip Op 02461

Aghogho H. Oputa, Plaintiff, and Lyneth Beazer, Appellant, v. New York City Transit Authority et al., Defendants, and S.L. Benfica Transportation, Inc., et al., Respondents.

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

Decided May 9, 2023.

Attorney(s) appearing for the Case

Mitchell Dranow , Sea Cliff, for appellant.

O'Connor Redd Orlando LLP, Port Chester ( Michael P. Hess of counsel), for respondents.

Concur—Renwick, A.P.J., Kapnick, Gesmer, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered on or about March 19, 2019, which, to the extent appealed from as limited by the briefs, granted the motion of defendants S.L. Benfica Transportation, Inc. and Eliezer Rivera (collectively defendants) for summary judgment dismissing plaintiff Lyneth Beazer's (plaintiff) claims of significant limitation of use and permanent consequential limitation of use of her left knee for lack of a serious injury within...

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