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CARRASQUILLO v. NEW YORK CITY TR. AUTH.

Index No. 25579/14E. Appeal No. 708. Case No. 2023-01021.

220 A.D.3d 440 (2023)

196 N.Y.S.3d 13

2023 NY Slip Op 05033

Angelo Carrasquillo, Respondent, v. New York City Transit Authority, Appellant, and City of New York, Respondent.

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

Decided October 5, 2023.

Attorney(s) appearing for the Case

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

Zlotolow & Associates, P.C., Melville ( Jason S. Firestein of counsel), for Angelo Carrasquillo, respondent.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Lauren L. O'Brien of counsel), for The City of New York, respondent.

Concur—Manzanet-Daniels, J.P., Singh, Gesmer, Rodriguez, Rosado, JJ.

Order, Supreme Court, Bronx County (Michael J. Danziger, J.), entered January 12, 2023, which denied the motion of defendant New York City Transit Authority (NYCTA) for summary judgment dismissing the complaint and all cross-claims as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

The area of plaintiff's fall was neither leased by NYCTA nor did it fall within an area that served...

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