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CANEL v. NEW YORK CITY TR. AUTH.

2019-07018. Index No. 512424/16.

201 A.D.3d 862 (2022)

157 N.Y.S.3d 738

2022 NY Slip Op 00396

Edgar Canel, Appellant, v. New York City Transit Authority et al., Respondents, et al., Defendants.

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola, NY (Mark R. Bernstein of counsel), for appellant.

Anna J. Ervolina, Brooklyn, NY, for respondents.

Connolly, J.P., Hinds-Radix, Miller and Genovesi, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff alleges that he was injured when he was struck by a southbound Q subway train at the Kings Highway train station. He commenced this action against, among others, the defendants New York City Transit Authority and Metropolitan Transit Authority (hereinafter together the defendants). Thereafter, the defendants moved, inter alia, for summary judgment dismissing the complaint insofar...

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