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DOMINGUEZ v. MANHATTAN TR.

46 N.Y.2d 528 (1979)

Wilfredo Dominguez, an Infant, by His Mother and Natural Guardian Santo Perez, et al., Appellants, v. Manhattan and Bronx Surface Transit Operating Authority, Respondent.

Court of Appeals of the State of New York.

Decided March 27, 1979.

Attorney(s) appearing for the Case

Mark D. Lefkowitz, Robert R. Solomon and Robert W. Cross for appellants.

John A. Murray, Alphonse E. D'Ambrose and Helen R. Cassidy for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and FUCHSBERG concur with Judge GABRIELLI.

GABRIELLI, J.

The question presented on this appeal is whether the Appellate Division was correct in concluding as a matter of law that there was insufficient evidence in the record to support the application of the doctrine of last clear chance in this negligence action. For the reasons discussed below, we disagree with the conclusion reached by the Appellate Division, and thus the order appealed from must be...

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