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BRAITHWAITE v. CITY OF NEW YORK

2021-01651. Index No. 502803/18.

220 A.D.3d 834 (2023)

196 N.Y.S.3d 567

2023 NY Slip Op 05244

Sandra Braithwaite, as Proposed Administratrix of the Estate of Sheridan Braithwaite, Jr., Deceased, Respondent, v. City of New York, Defendant, and New York City Transit Authority et al., Appellants.

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

Decided October 18, 2023.

Attorney(s) appearing for the Case

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

LaSalle, P.J., Connolly, Genovesi and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for wrongful death, the defendants New York City Transit Authority and Metropolitan Transit Authority appeal from an order of the Supreme Court, Kings County (Katherine A. Levine, J.), dated February 16, 2021. The order, insofar as appealed from, failed to determine those defendants' cross-motion pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them.

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