Preview:

Arroyo v New York City Transit Auth. 2012 NY Slip Op 32980(U) December 17, 2012 Sup Ct, Richmond County Docket Number: 101880/09 Judge: Joseph J. Maltese Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

[* 1]

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND DCM PART 3 GLORIA ARROYO, DAWN ROSA and ALICE PEREZ

Index No.:101880/09 Motion No.:005

Plaintiffs

DECISION & ORDER HON. JOSEPH J. MALTESE

against

NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY and MICHAEL FRAGAPANE,
Defendants The following items were considered in the review of the following motion to amend a prior decision.

Papers Notice of Motion and Affidavits Annexed Affirmation in Partial Support Exhibits

Numbered 1 2 Attached to Papers

Upon the foregoing cited papers, the Decision and Order on this M otion is as follows:

By decision and order dated October 23, 2012 this court granted summary judgment on the issue of liability. However, this final order contradicted the analysis contained in the discussion section of the decision and order. Consequently, the New York City Transit Authority's motion to amend the decision and order dated October 23, 2012 to reflect the analysis conducted by the court is granted without opposition. The amended decision follows.

The Plaintiff, Gloria Arroyo, moves for an order granting her summary judgment dismissing the defendants' counterclaim. She also moves to dismiss the cross-claims of plaintiffs Dawn Rosa and Alice Perez claiming she did not breach any duty owed to the co-plaintiffs or defendants. Moreover, Arroyo asserts that the co-plaintiffs did not sustain a serious injury, as that term is defined by Insurance Law

Download 2012_32980.pdf

New York Law