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ESCOBAR v. NEW YORK CITY TR. AUTH.

Index No. 153360/17. Appeal No. 842. Case No. 2023-01709.

220 A.D.3d 527 (2023)

198 N.Y.S.3d 314

2023 NY Slip Op 05311

Adriana Escobar, Appellant, v. New York City Transit Authority, Respondent. (And a Third-Party Action)

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

Decided October 19, 2023.

Attorney(s) appearing for the Case

Robert G. Goodman, PC, New York (Robert G. Goodman of counsel), for appellant.

Anna J. Erovolina, MTA Law Dept, Brooklyn (Yolanda L. Ayala of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Friedman, González, Shulman, JJ.

Order, Supreme Court, New York County (Denise M. Dominquez, J.), entered April 4, 2023, which granted defendant's motion for summary judgment, unanimously affirmed, without costs.

The court properly granted defendant's motion based on the "storm in progress doctrine" (see Clement v New York City Tr. Auth., 122 A.D.3d 448, 448 [1st Dept 2014]; see also Solazzo v New York City Tr. Auth., 6 N.Y.3d 734...

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