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DIAZ v. CITY OF NEW YORK

2021-02550. Index No. 513414/18.

222 A.D.3d 946 (2023)

200 N.Y.S.3d 119

2023 NY Slip Op 06726

Rosa Alvarez Diaz, Plaintiff, v. City of New York, Respondent, and New York City Transit Authority, Appellant, et al., Defendant.

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

Decided December 27, 2023.

Attorney(s) appearing for the Case

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

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Jane L. Gordon and Chloe K. Moon of counsel), for respondent.

Duffy, J.P., Maltese, Taylor and Ventura, JJ. concur.

In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Katherine A. Levine, J.), dated February 9, 2021. The order, insofar as appealed from, denied, as premature, that defendant's motion for summary judgment dismissing the complaint and all cross-claims insofar as asserted against it, with leave to renew upon the completion of discovery.

Ordered that the order...

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