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LUCILA SAVINON, M-4996 plf-res, v. NEW YORK CITY TRANSIT AUTHORITY, def-ap

4766. &LUCILA SAVINON, M-4996 plf-res, v. NEW YORK CITY TRANSIT AUTHORITY, def-ap — Lawrence Heisler, Brooklyn (Anna J. Ervolina of counsel), for ap — Joelson & Rochkind, New York (Geofrey Liu of counsel), for res — Order, Supreme Court, New York County (Michael D. Stallman, J.), entered November 28, 2016, which denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

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4766. &LUCILA SAVINON, M-4996 plf-res, v. NEW YORK CITY TRANSIT AUTHORITY, def-ap — Lawrence Heisler, Brooklyn (Anna J. Ervolina of counsel), for ap — Joelson & Rochkind, New York (Geofrey Liu of counsel), for res — Order, Supreme Court, New York County (Michael D. Stallman, J.), entered November 28, 2016, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff was a passenger on defendant’s bus, which was operated by its employee Alvin Hamblin, when a man attempted to board the bus without paying the fare and then assaulted Hamblin. During the altercation, passengers fled to the rear of the bus, yelling for the rear exit door to be opened. Plaintiff, who was in the rear of the bus at the time, suffered a panic attack, which allegedly caused a condition that necessitated implanting a defibrillation device in her chest.

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