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DIGNON v. NEW YORK CITY TRANSIT AUTH.

24 A.D.2d 507 (1965)

Robert D. Dignon, as Executor of Marie Marechal, Deceased, Appellant, v. New York City Transit Authority, Respondent

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

June 28, 1965

Order reversed on the law and the facts and in the exercise of discretion, with $20 costs and disbursements to plaintiff; motion denied; and judgment reinstated.

The defendant's motion is without merit. As of the date of the trial, the defendant was aware of the potential advantageous use of the opaque panel at the right front of the bus in order to rebut the testimony of the plaintiff's witness Cogan concerning occurrences...

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