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CUSUMANO v. NEW YORK CITY TRANSIT AUTH.

75 A.D.2d 801 (1980)

Gloria Cusumano as Administratrix of The Estate of Philip Cusumano Deceased, Appellant, v. New York City Transit Authority, Respondent

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

May 5, 1980

Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment reversed, on the law, and new trial granted with costs to abide the event.

The reports of the postaccident brake tests in defendant's "barn" were of crucial importance because (1) the motorman's pretrial deposition testimony (although different from what he testified at trial) was that he applied the emergency brake when he was only one car...

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