Lo Guercio v. New York City Transit Authority

Appeal by defendant, as limited by its brief, from so much of an order of the Supreme Court, Queens County, dated December 26, 1967, as (1) granted plaintiff’s motion to the extent of dismissing defendant’s affirmative defense and (2) denied defendant’s cross motion to dismiss the complaint. Order reversed insofar as appealed from, on the law and the facts, with *760$10 costs and disbursements; plaintiff’s motion to dismiss the defense denied; and defendant’s cross motion granted, without prejudice to plaintiff’s rights pursuant to CPLR 205 (subd. [a]) should he hereafter submit himself to…