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MATTER OF RIJOS v. NEW YORK CITY TR. AUTH.

Index No. 152047/23, Appeal No. 2220, Case No. 2023-06721.

2024 NY Slip Op 02510

IN THE MATTER OF MIGUEL RIJOS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent-Appellant, METROPOLITAN TRANSPORTATION AUTHORITY, Respondent.

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

Decided May 7, 2024.

Attorney(s) appearing for the Case

MTA Law Department, Brooklyn ( Theresa A. Frame of counsel) for appellant.

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for respondent.

Before: Webber, J.P., Moulton, Friedman, González, Mendez, JJ.

Order, Supreme Court, New York County (Denise M. Dominguez, J.), entered December 6, 2023, which, insofar as appealed from as limited by the briefs, granted petitioner's motion for leave to serve a late notice of claim on respondent New York City Transit Authority (NYCTA), unanimously affirmed, without costs.

Petitioner alleges that he was struck by a westbound train at the 42nd Street and Bryant Park Station. As a result of the accident both his legs were amputated...

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