Ordered that the order is reversed, on the law, with costs, and that branch of the defendant's motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action is granted, and that branch of the motion which was pursuant to CPLR 3212 for summary judgment dismissing the complaint is denied as academic.
On the afternoon of August 14, 2003, after taking a recreational walk, the then-72-year old plaintiff used her MetroCard...
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