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MATTER OF KELLY v. NEW YORK CITY TRANSIT AUTH.

39 A.D.2d 1006 (1972)

In the Matter of the Claim of Ada B. Kelly, Appellant, v. New York City Transit Authority, Respondent. Workmen's Compensation Board, Respondent

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

June 29, 1972

In the early hours of April 15, 1968 Samuel Kelly, a motorman for the New York City Transit Authority, completed a trip and went into the crew room at the 95th Street Subway Station to rest before his next train. There were about 12 to 15 other employees who had similarly come to the crew room to relax and Kelly went to a bench at one side of the room, stretched out, and napped. About 4:35 A.M. another motorman, Henry Hathaway, entered the room, walked over to Kelly and stabbed...

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