Legal Opinion

Borisovski v. Metropolitan Transp. Auth.

Appellate Terms of the Supreme Court of New York

Decided April 23, 2018No. 2018 NYSlipOp 50603(U)Published

1Opinion of the Court

Alexandre Borisovski, Plaintiff-Respondent,

against

Metropolitan Transportation Authority and Otis Noboa, Defendants-Appellants.

Defendants appeal from an order of the Civil Court of the City of New York, New York County (Anthony Cannataro, J.), entered July 6, 2017, which denied their CPLR 3211 motion to dismiss the complaint.

2Per curiam

Order (Anthony Cannataro, J.), entered July 6, 2017, reversed, without costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Accepting plaintiff's allegations as true and drawing all reasonable inferences in his favor, as we…

3Cases cited8 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Leon v. MartinezNew York Court of Appeals · 1994
  3. Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
  4. Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
  5. Barney v. Oyster Bay & Huntington Steamboat Co.New York Court of Appeals · 1876

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