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FUKS v. NEW YORK CITY TRANSIT AUTH.

243 A.D.2d 678 (1997)

663 N.Y.S.2d 639

Leonid Fuks et al., Appellants, v. New York City Transit Authority, Respondent

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

October 27, 1997

Ordered that the order is affirmed, with costs.

The plaintiff Leonid Fuks was injured when he allegedly slipped and fell on an icy and snow-covered stairway while descending from an elevated train platform at 9:20 A.M. on February 9, 1994, after approximately 10 inches of snow had fallen overnight. The defendant submitted climatological reports from nearby areas which showed that the precipitation had ended at 8:00 A.M. on February 9, 1994. "It is well settled that...

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