The Appellate Division declines to reach the arguments of defendants New York City Transit Authority and Metropolitan Transit Authority regarding their cross-motion pursuant to CPLR 3211(a) to dismiss the complaint as asserted against them. The cross-motion was not addressed in the order appealed from and, therefore, remains pending and undecided. The appeal is dismissed.
Braithwaite v. City of New York, NY Slip Op 05244 (2d Dep't October 18, 2023)
