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ROLON v. NEW YORK CITY TRANSIT AUTH.

79 A.D.2d 926 (1981)

Lucia Rolon, Respondent, v. New York City Transit Authority, Appellant

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

January 8, 1981

Unanimously reversed, on the law, the facts and in the exercise of discretion, and the matter remanded for a new trial, with costs to abide the event.

Plaintiff brought this action to recover for injuries suffered in a fall caused by a loose metal tread on a stairway in the Times Square subway station. The jury was selected on March 28, 1980. At that time, apparently, there was some discussion among counsel and the court...

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