GIAMBOI v. TRANSIT AUTH.


124 Misc.2d 810 (1984)

Mary C. Giamboi et al., Respondents, v. New York City Transit Authority, Appellant.

Supreme Court, Appellate Term, Second Department.

March 28, 1984


Attorney(s) appearing for the Case

William E. Rosa, Lawrence Heisler, Ruth M. Gursky and John A. Murray for appellant. John L. Crisona for respondents.

BUSCHMANN, J. P., JONES and KUNZEMAN, JJ., concur.


MEMORANDUM.

Order unanimously reversed, without costs, motion for summary judgment granted and complaint dismissed.

In this negligence action for personal injuries plaintiff, Mary Giamboi, was waiting at a bus stop when she was struck by a beer bottle thrown from an elevated subway structure. It is conceded by the defendant for the purpose of this motion that it had notice of prior incidents whereby individuals threw debris down from the elevated subway platform...

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