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PASCALL v. NEW YORK CITY TR. AUTH.

2023-00587. Index No. 527322/21.

230 A.D.3d 1246 (2024)

219 N.Y.S.3d 116

2024 NY Slip Op 04466

Lynette Pascall, Respondent, v. New York City Transit Authority et al., Appellants, et al., Defendants.

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

Decided September 18, 2024.

Attorney(s) appearing for the Case

The Shanker Law Firm, P.C., New York, NY (Steven J. Shanker of counsel), for appellants.

Harmon, Linder, & Rogowsky (Mitchell Dranow, Sea Cliff, NY, of counsel), for respondent.

Dillon, J.P., Miller, Dowling and Voutsinas, JJ., concur.

In an action to recover damages for personal injures, the defendants New York City Transit Authority, MTA, MTA Bus Company, and MABSTOA, appeal from an order of the Supreme Court, Kings County (Karen B. Rothenberg, J.), dated November 28, 2022. The order, insofar as appealed from, denied that branch of those defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging vicarious liability under the doctrine of respondeat superior insofar...

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