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McGUIRE v. CITY OF NEW YORK

211 A.D.2d 428 (1995)

621 N.Y.S.2d 314

Marcus McGuire, Respondent, v. City of New York, Respondent, and New York City Transit Authority, Appellant

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

January 10, 1995

The City was properly dismissed from the action in view of plaintiff's positions that he slipped on either the street level step or second top step of a stairway leading down to a subway station, since, in either case, the accident occurred at a location incidental to or necessary for the operation of the subway station, and therefore on "lease property" within the meaning of the 1953 lease in which the City relinquished possession...

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