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PRIVITERA v. CITY OF NEW YORK

277 A.D.2d 367 (2000)

716 N.Y.S.2d 101

ROCCO PRIVITERA, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided November 20, 2000.

Ordered that the appeal from the order dated December 13, 1999, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated August 11, 1999, is affirmed insofar as appealed from; and it is further,

Ordered that the respondents are awarded one bill of costs.

The plaintiff failed to raise a triable issue of fact in opposition to the prima facie showing by the defendant New York City Transit Authority...

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