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SABELLA v. CITY OF NEW YORK

58 A.D.3d 712 (2009)

871 N.Y.S.2d 721

LISA SABELLA, Respondent, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY TRANSIT AUTHORITY et al., Appellants. (And Two Third-Party Actions.)

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

January 20, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the appellants' cross motion which was for summary judgment dismissing the complaint insofar as asserted against them is granted.

The plaintiff allegedly fractured her ankle while disembarking from a bus operated by the defendant New York City Transit Authority (hereinafter NYCTA) and driven by the defendant Luis Gonzalez (hereinafter together the appellants). The...

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