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GERNHARDT v. NEW YORK CITY TRANSIT AUTH.

202 A.D.2d 375 (1994)

612 N.Y.S.2d 831

Roxanne Gernhardt, Respondent, v. New York City Transit Authority, Appellant

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

March 31, 1994

Upon review of the record, we find sufficient evidence to establish a prima facie case of negligence against defendant (see, Elam v New York City Tr. Auth., 183 A.D.2d 599, lv denied 80 N.Y.2d 760), and no basis to exercise our discretionary power to set aside the verdict as against the weight of the evidence. Inconsistent testimony concerning the nature and condition of the subject stairway metal tread plate on the...

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