Judgment reversed, on the law and the facts, and complaint dismissed, on the law, with costs.
Upon a previous appeal in this action, following a previous trial, we reversed the dismissal of the complaint at the end of plaintiff's case and granted a new trial, stating that at the new trial plaintiff shall be permitted to produce an expert to establish a case under the doctrine of res ipsa loquitur (Sciemeca v. New York City Tr. Auth.,
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