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FORBES v. CITY OF NEW YORK

242 A.D.2d 667 (1997)

662 N.Y.S.2d 578

Mertle Forbes, Respondent-Appellant, et al., Plaintiff, v. City of New York et al., Defendants, and New York City Transit Authority, Appellant-Respondent

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

September 29, 1997

Ordered that the judgment is reversed, on the facts and as an exercise of discretion, with costs to the New York City Transit Authority, and a new trial is granted on the issue of damages only, unless within 20 days after service upon the plaintiff Mertle Forbes of a copy of this decision and order, with notice of entry, the plaintiff Mertle Forbes shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to decrease...

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