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ZAMBRANA v. NYC TR. AUTH.

14 A.D.3d 23 (2004)

786 N.Y.S.2d 488

MARITSA ZAMBRANA et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

December 16, 2004.

Attorney(s) appearing for the Case

Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel), for appellant.

Finz & Finz, P.C., Jericho (Jay L. Feigenbaum of counsel), for respondents.

LERNER, FRIEDMAN, SWEENY and CATTERSON, JJ., concur.

OPINION OF THE COURT

BUCKLEY, P.J.

This is a personal injury action in which plaintiffs seek damages resulting from Mrs. Zambrana's fall between two subway cars onto tracks where she was run over by a train. While the notice of claim informed defendant, the New York City Transit Authority (TA), that its liability was specifically based on ignoring Mrs. Zambrana's pleas to stop the train or failing to properly check the tracks, the IAS court denied TA's motion...

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