Ordered that, on the Court's own motion, the plaintiff's notice of appeal from the order dated September 17, 2007, is deemed a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,
Ordered that the judgment is reversed insofar as appealed from, on the law, the order dated September 17, 2007, is modified accordingly, the motion is denied, the complaint is reinstated as to the defendant New York City Transit Authority, and the matter...
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