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YANNACCI v. NEW YORK CITY TRANSIT AUTH.

129 A.D.2d 698 (1987)

Rose Yannacci, Respondent, v. New York City Transit Authority, Appellant

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

April 20, 1987

Ordered that the order is affirmed, with costs.

On the afternoon of June 28, 1982, the defendant's bus allegedly struck a pothole filled with water. This caused the water to spray onto the plaintiff which caused her to fall to the ground, resulting in her injuries. The defendant contends that as a matter of law the risk of injury was unforeseeable.

It is the risk of injury which must be a foreseeable consequence...

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