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MERINO v. NEW YORK CITY TRANSIT AUTH.

89 N.Y.2d 824 (1996)

675 N.E.2d 1222

653 N.Y.S.2d 270

Francisco Merino, Appellant, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided November 14, 1996.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac and Alan M. Shapey of counsel), for appellant.

Lawrence A. Silver, New York City, and Wallace D. Gossett for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On April 9, 1989, after leaving work at 3:00 A.M. and consuming several beers, plaintiff went to the 183rd Street subway station in the Bronx. Dizzy and affected by the alcohol, plaintiff, who had been standing at the edge of the platform, found himself on the tracks as a train approached. He was struck by the train and suffered various...

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