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COLEMAN v. CITY OF NEW YORK

230 A.D.2d 762 (1996)

646 N.Y.S.2d 526

James Coleman, Respondent, v. City of New York, Defendant and Third-Party Plaintiff-Appellant. New York City Transit Authority, Third-Party Defendant-Appellant

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

August 12, 1996

Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs.

On May 13, 1988, the plaintiff, a "structure maintainer" employed by the third-party defendant New York City Transit Authority (hereinafter NYCTA), was injured when he fell from an elevated canopy located at the Fourth Avenue and Ninth Street subway station in Brooklyn. The plaintiff commenced an action against the defendant City of New York, and the City commenced a third-party...

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