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BRYAN v. BERGER

60 A.D.3d 987 (2009)

875 N.Y.S.2d 814

ELAINE BRYAN, Respondent, v. JENNIFER BERGER, et al., Defendants, and NEW YORK CITY TRANSIT AUTHORITY et al., Appellants. (An Another Action.)

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

Decided March 31, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants New York City Transit Authority and Donna Cody for summary judgment dismissing the complaint insofar as asserted against them is granted.

The defendants New York City Transit Authority and Donna Cody met their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning...

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