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FORDE v. NEW YORK CITY TRANSIT AUTH.

80 A.D.2d 825 (1981)

Marion Forde, Individually and as Administratrix of The Estate of Clarence Forde, Deceased, Appellant, v. New York City Transit Authority, Respondent

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

March 2, 1981

Judgment affirmed, with costs.

Plaintiff does not dispute the fact that the decedent was contributorily negligent. "Since the instant cause of action accrued prior to September 1, 1975, it is subject to the contributory negligence bar, and may not be maintained absent application of the ameliorative doctrine of last clear chance" (see Dominguez v Manhattan & Bronx Surface Tr. Operating Auth., 46 N.Y.2d 528, 533; cf. CPLR...

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