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COLT v. NEW JERSEY TR. CORP.

Index. No. 158309/17. Appeal No. 14967. Case No. 2021-01180.

206 A.D.3d 126 (2022)

169 N.Y.S.3d 585

2022 NY Slip Op 03343

JEFFREY COLT et al., Respondents, v. NEW JERSEY TRANSIT CORPORATION et al., Appellants.

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

Decided May 24, 2022.

Attorney(s) appearing for the Case

DeCotiis, FitzPatrick, Cole & Giblin, LLP, New City (John A. Stone, of counsel), for appellants.

Sullivan Papain Block McGrath Coffinas & Cannavo, P.C., New York City (Brian J. Shoot and Eric K. Schwarz, of counsel), for respondents.

WEBBER, J.P., and KENNEDY, J., concur with OING, J.; FRIEDMAN, J., dissents in a separate opinion in which MOULTON, J., concurs.

OPINION OF THE COURT

The constitutional dilemma concerning the doctrine of sovereign immunity continues unabated (see Taylor v New Jersey Tr. Corp., 199 A.D.3d 540 [1st Dept 2021]; Fetahu v New Jersey Tr. Corp., 197 A.D.3d 1065 [1st Dept 2021]; Henry v New Jersey Tr. Corp., 195 A.D.3d 444 [1st Dept 2021];...

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