Calcagno v. New York City Transit Authority

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court, dated November 22, 1999, which determined an appeal from an order of the Supreme Court, Richmond County, dated July 27, 1998.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that on the Court’s own motion, its decision and order dated November 22, 1999 (266 AD2d 421), in the above-entitled action is recalled and vacated, and the following is substituted therefor:

In an action to recover damages for personal injuries, the plaintiff…