EBANKS v. NEW YORK CITY TRANSIT AUTH.


70 N.Y.2d 621 (1987)

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

Court of Appeals of the State of New York.

Decided May 28, 1987.


Attorney(s) appearing for the Case

Steve S. Efron and William E. Rosa for appellant.

Gary Lerner and Michael C. Modansky for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

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

Plaintiff — a securities clerk employed in downtown Manhattan — left for work on a rainy morning in March 1980, wearing a pair of soft rubber overshoes. Upon leaving the subway train at the Bowling Green Station, and in order to reach the street, he stepped onto an escalator...

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