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CLEMENTS v. NYC TR. AUTH.

179 Misc.2d 826 (1999)

687 N.Y.S.2d 546

Catherine Clements et al., Respondents, v. New York City Transit Authority, Appellant.

Supreme Court, Appellate Term, Second Department.

February 10, 1999

Attorney(s) appearing for the Case

Wallace D. Gossett, Brooklyn (Lawrence A. Silver and Anita Isola of counsel), for appellant. Pollack Pollack Isaac & DeCicco, New York City (John K. Avanzino and Brian J. Isaac of counsel), for respondents.

KASOFF, P. J., SCHOLNICK and PATTERSON, JJ., concur.

MEMORANDUM.

Judgment unanimously reversed without costs and matter remanded to the court below for a new trial.

On March 28, 1990, as plaintiff fell on the lower level steps of the DeKalb Avenue subway station, she reached for the rectangular steel handrail in the middle of the stairway but was unable to grasp it. The plaintiff's claim was that the handrail should have had grooves in it to make it easier to grasp...

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