MARTE v. NEW YORK CITY TRANSIT AUTHORITY


59 A.D.3d 398 (2009)

871 N.Y.S.2d 921

CARMEN MARTE, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided February 3, 2009.


Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the respective motions of the defendant A. Magarin-Adames and the defendants New York City Transit Authority and Jose Contreras, which were for summary judgment dismissing so much of the complaint insofar as asserted against them as alleged that the plaintiff sustained a permanent consequential limitation of use of a body organ or member or a significant limitation...

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