MILLER v. CITY OF NEW YORK


277 A.D.2d 363 (2000)

717 N.Y.S.2d 198

MELANIE MILLER et al., Respondents, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided November 20, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant New York City Transit Authority, and the action against the remaining defendant is severed.

The injured plaintiff, Melanie Miller, alleged that she was stabbed in the right hand by a rival high school student while riding a subway train in Brooklyn. As a result of this incident, she and her...

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