Ordered that the order is modified, on the law, by deleting the provision thereof which denied the defendant's motion for summary judgment and substituting therefor a provision adhering to the prior determination of the same court made in an order dated February 25, 1994, which granted the defendant's motion; as so modified, the order is affirmed, with costs to the defendant.
The plaintiff, a passenger on a subway train owned and operated by the defendant, was seriously...
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