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CHRISTIAN v. NEW YORK CITY TRANSIT AUTH.

52 N.Y.2d 920 (1981)

David Christian, as Administrator of The Estate of Darryl Christian, Deceased, Appellant, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided February 10, 1981.

Attorney(s) appearing for the Case

Frederic Lewis for appellant.

Steve S. Efron, Helen R. Cassidy and John A. Murray for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The judgment in favor of plaintiff was properly reversed and the complaint dismissed. As a matter of law there was insufficient evidence of any negligence on the part of the Transit Authority to permit the case to go to the jury.

Order...

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