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JOURDAIN v. METROPOLITAN TRANSP. AUTH.

2021-06900. Index No. 35562/18.

219 A.D.3d 876 (2023)

2023 NY Slip Op 04421

Merlande Jourdain, Appellant-Respondent, v. Metropolitan Transportation Authority, Respondent-Appellant, and Town of Clarkstown, Respondent, et al., Defendant.

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

Decided August 30, 2023.

Attorney(s) appearing for the Case

StolzenbergCortelli, LLP, White Plains, NY ( Terrence James Cortelli of counsel), for appellant-respondent.

Flori Perrucci Steinhardt Capelli Tipton & Taylor, LLC, New York, NY ( Brian R. Tipton of counsel), for respondent-appellant.

Lawrence A. Garvey & Associates, P.C., New City, NY, for respondent.

Iannacci, J.P., Chambers, Dowling and Voutsinas, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals, and the defendant Metropolitan Transportation Authority cross-appeals, from an order of the Supreme Court, Rockland County (Sherri L. Eisenpress, J.), dated August 25, 2021. The order, insofar as appealed from, granted the motion of the defendant Town of Clarkstown for summary judgment dismissing the complaint insofar as asserted against it. The order, insofar as cross-appealed from, denied the...

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