M.N. Dental Diagnostics, P.C. v New York City Tr. Auth.

[*1] M.N. Dental Diagnostics, P.C. v New York City Tr. Auth. 2009 NY Slip Op 51596(U) [24 Misc 3d 139(A)] Decided on July 22, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 22, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570564/08.

M.N. Dental Diagnostics, P.C., a/a/o Luis Marte, Plaintiff-Respondent, - -

against

New York City Transit Authority, Defendant-Appellant.

Defendant, as limited by its brief, appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered January 29, 2008, as denied its motion to dismiss plaintiff's action as time-barred.

Per Curiam.

Order (Fernando Tapia, J.), entered January 29, 2008, insofar as appealed from, affirmed, with $10 costs. (See Richard Denise, M.D., P.C. v New York City Trans. Auth., appeal number 07-308, decided herewith.)

THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: July 22, 2009