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MORALES-RODRIGUEZ v. MTA BUS CO.

2019-04402, 2019-05758. Index No. 10649/16.

203 A.D.3d 914 (2022)

161 N.Y.S.3d 817

2022 NY Slip Op 01781

Francisco Morales-Rodriguez, Appellant, v. MTA Bus Company et al., Respondents.

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

Decided March 16, 2022.

Attorney(s) appearing for the Case

Kelner & Kelner, New York, NY (Joshua D. Kelner of counsel), for appellant.

Armienti, DeBellis & Rhoden, LLP, New York, NY (Vanessa M. Corchia of counsel), for respondents.

Duffy, J.P., Iannacci, Miller and Christopher, JJ., concur.

Ordered that the order entered January 31, 2019, is reversed, on the law, the plaintiff's motion for summary judgment on the issue of liability and dismissing the defendants' second affirmative defense, alleging comparative negligence is granted, and the order entered April 8, 2019, is vacated; and it is further,

Ordered that the appeal from the order entered April 8, 2019, is dismissed as academic in light of our determination on the appeal from the order entered...

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