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SHEA v. NEW YORK CITY TRANSIT AUTHORITY

289 A.D.2d 558 (2001)

735 N.Y.S.2d 609

ELIZABETH A. SHEA, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided December 31, 2001.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

On October 20, 1989, the plaintiff was injured when she was struck by an oncoming subway train after she apparently fell onto the tracks. In pertinent part, the trial testimony regarding how the accident occurred was as follows: The plaintiff's mother, who was with the plaintiff at the time of the incident, testified...

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