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  5. 81 N.Y.2d 923 (1993)
 

McCUMMINGS v. NEW YORK CITY TRANSIT AUTH.

81 N.Y.2d 923 (1993)

Bernard McCummings, Respondent, v. New York City Transit Authority, Appellant.

Court of Appeals of the State of New York.

Decided April 5, 1993.

Attorney(s) appearing for the Case

Lawrence Heisler, Brooklyn, Albert C. Cosenza and Lawrence A. Silver for appellant.

Joel A. Brenner, New York City, and David Breitbart for respondent.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., and SMITH concur; Judge TITONE dissents in part and votes to dismiss the appeal in part and reverse in part in an opinion; Judge BELLACOSA separately dissents in part and votes to dismiss the appeal in part and reverse in part in another opinion.

MEMORANDUM.

The order of the Appellate Division, insofar as it affirmed the judgment of Supreme Court should be affirmed, with costs.1

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