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CLINGER v. NYC TR. AUTH.

201 A.D.2d 236 (1994)

Mary E. Clinger, Respondent, v. New York City Transit Authority, Appellant

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

August 11, 1994

Attorney(s) appearing for the Case

Steve S. Efron of counsel (Albert C. Cosenza, attorney), for appellant.

Jeffrey Schreiber of counsel (Marvin V. Ausubel on the brief; Fried, Frank, Harris, Shriver & Jacobson, attorneys), for respondent.

ROSS and RUBIN, JJ., concur with TOM, J.; MURPHY, P. J., and SULLIVAN, J., dissent in a separate opinion by SULLIVAN, J.

TOM, J.

On March 20, 1991, plaintiff-respondent, an Administrative Assistant, left work from an office located on 40th Street in Manhattan to return to her residence in Ridgewood, New Jersey. Plaintiff, who was 22 years old at the time, entered the subway at approximately 5:10 P.M. via the stairway located at 40th Street and Sixth Avenue, began walking south, and entered a six-block-long pedestrian tunnel (known...

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