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PRENDERGAST v. NEW YORK CITY TR. AUTH.

Index No. 150778/20. Appeal No. 897. Case No. 2022-05826.

220 A.D.3d 583 (2023)

198 N.Y.S.3d 677

2023 NY Slip Op 05378

James Prendergast, Respondent, v. New York City Transit Authority et al., Appellants.

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

Decided October 24, 2023.

Attorney(s) appearing for the Case

Anna J. Ervolina, New York City Transit Authority, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellants.

The Oshman Mirisola Law Group, PLLC, New York (David L. Kremen of counsel), for respondent.

Concur—Kern, J.P., Singh, Gesmer, Scarpulla, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Denise M. Dominguez, J.), entered December 19, 2022, which granted plaintiff's motion for partial summary judgment on the issue of liability and dismissed the affirmative defense regarding plaintiff's comparative fault, unanimously modified, on the facts, the affirmative defense reinstated, and otherwise affirmed, without costs.

Plaintiff was injured when he was struck by the wheelchair ramp of a bus. That bus was owned by defendants...

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