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DE LEON v. NEW YORK CITY TRANSIT AUTH.

85 A.D.2d 593 (1981)

Jose De Leon, an Infant, by His Mother and Natural Guardian, Paula Quinones, et al., Respondents, v. New York City Transit Authority, Appellant

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

December 7, 1981

Order reversed, without costs or disbursements, motion denied and verdict reinstated.

Plaintiffs bore the burden of proving that the accident in question, which occurred on August 17, 1970, resulted from defendant's negligence, and not, to any degree, from contributory negligence on the part of the infant plaintiff (see Gloshinsky v Bergen Milk Transp. Co., 279 N.Y. 54, 58). In attempting to establish defendant's negligence and the infant plaintiff's freedom...

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