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ELLISON v. NEW YORK CITY TRANSIT AUTH.

63 N.Y.2d 1029 (1984)

Clara Ellison, as Administratrix of The Estate of Joseph Eastman, Deceased, Respondent, v. New York City Transit Authority, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1984.

Attorney(s) appearing for the Case

Steve S. Efron, Richard K. Bernard and John A. Murray for appellant.

Stephen A. Weingrad and Harry B. Frank for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and a new trial granted.

Although there was sufficient evidence presented to support the trial court's determination that defendant was negligent and should be held liable for plaintiff decedent's injuries, the trial court improperly excluded evidence relating to the possibility of contributory negligence on the decedent's part and stifled...

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