Ordered that the judgment is reversed, on the facts and as a matter of discretion, and a new trial is granted on the issues of liability and damages, with costs to abide the event.
In the early morning hours of January 25, 1997, the plaintiff and his friends were returning home by subway from a night out during which they had been drinking alcoholic beverages over a five-hour period. They decided to leave the platform and walk adjacent to the tracks from one station...
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