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URQUHART v. NEW YORK CITY TRANSIT AUTH.

85 N.Y.2d 828 (1995)

647 N.E.2d 1346

623 N.Y.S.2d 838

William Urquhart, Appellant, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided February 9, 1995.

Attorney(s) appearing for the Case

Sandra D. Janin, Great Neck, and Frederick Feder, Brooklyn, for appellant.

Lawrence Heisler, Brooklyn, Albert C. Cosenza, Lawrence A. Silver and Karen Audrey Fisher for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that Court for further proceedings in accordance with this memorandum.

Plaintiff fell and was injured while riding on defendant's bus which he boarded on Court Street in downtown Brooklyn. During the liability phase of a bifurcated trial for personal injuries sustained as a result of the fall, plaintiff testified...

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