McGuire v. City of New York

Supreme Court, New York County (Leland DeGrasse, J.), entered on or about May 7, 1993, which denied defendant-appellant New York City Transit Authority’s motion to vacate plaintiff’s note of issue and granted defendant-respondent City of New York’s motion for summary judgment dismissing the complaint against it, unanimously modified, on the law and on the facts, and in the exercise of discretion, to grant the Transit Authority’s motion to strike the note of issue, and otherwise affirmed, without costs.

*429The City was properly dismissed from the action in view of plaintiffs positions that he…