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  5. 37 N.Y.2d 137 (1975)
 

COLEMAN v. NYC TR. AUTH.

37 N.Y.2d 137 (1975)

John J. Coleman, Respondent, v. New York City Transit Authority, Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1975.

Attorney(s) appearing for the Case

Stuart Riedel, John G. de Roos, Helen R. Cassidy and John A. Murray for appellant.

Benjamin H. Siff, Ivan Tantleff, Thomas R. Newman and Charles Kramer for respondent.

Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge COOKE; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL concurs in part in another opinion.

COOKE, J.

Plaintiff, aged 20 and claiming to have been mugged and thrown upon the subway tracks at the Canal Street station, suffered amputation of both legs below the knees while lying upon the tracks and when struck by defendant's train.

First, there was a trial on the issue of liability only, resulting in a verdict in favor of plaintiff. The interlocutory judgment entered thereon was affirmed by the...

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