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EBANKS v. TRANSIT AUTH.

118 A.D.2d 363 (1986)

Julius Ebanks, Respondent-Appellant, v. New York City Transit Authority, Appellant-Respondent

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

July 17, 1986

Attorney(s) appearing for the Case

Michael C. Modansky of counsel (Baron & Vesel, P. C., attorneys), for respondent-appellant.

Steve S. Efron of counsel (William E. Rosa, attorney), for appellant-respondent.

KUPFERMAN, J. P., and KASSAL, J., concur with WALLACH, J.; ASCH and CARRO, JJ., dissent in part in an opinion by ASCH, J.

WALLACH, J.

On March 21, 1980, plaintiff, at that time a 53-year-old securities clerk employed by Chemical Bank, set out from his home in East Elmhurst, Queens, en route to his employment in the downtown financial district, arriving at the Bowling Green subway station at about 7:00 A.M. Because it was raining he was wearing "over boots" or "totes". He boarded an escalator owned and controlled by defendant, whereupon...

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