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AMODEO v. NEW YORK CITY TRANSIT AUTH.

10 A.D.2d 982 (1960)

Salvatore Amodeo, Appellant, v. New York City Transit Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 23, 1960

Judgment reversed on the law and the facts and a new trial granted, with costs to plaintiff to abide the event. We find that a prima facie case was established.

The stairway in question was covered on the top but was open at the sides. The proof showed that the snowfall began about 10:00 P.M. the night before the accident; that it continued the following morning when plaintiff went to work; that it snowed all that day; and...

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