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  5. 85 N.Y.2d 957 (1995)
 

CLINGER v. NEW YORK CITY TRANSIT AUTH.

85 N.Y.2d 957 (1995)

650 N.E.2d 855

626 N.Y.S.2d 1008

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

Court of Appeals of the State of New York.

Decided May 4, 1995.

Attorney(s) appearing for the Case

Albert C. Cosenza, New York City (Steve S. Efron of counsel), for appellant.

Fried, Frank, Harris, Shriver & Jacobson, New York City (Anthony E. Satula, Jr., and Jeffrey Schreiber of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion for summary judgment granted, the complaint dismissed and the certified question answered in the negative.

On March 20, 1991, plaintiff was attacked as she walked at rush hour through an isolated and little-used subway tunnel. At the time of this incident, the tunnel was undergoing renovations...

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