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LATORRE v. NEW YORK CITY TRANSIT AUTHORITY

33 A.D.3d 970 (2006)

823 N.Y.S.2d 509

ANTHONY P. LATORRE et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, and CITY OF NEW YORK et al., Respondents.

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

Decided October 31, 2006.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff Anthony P. LaTorre allegedly was injured when he tripped and fell on a portion of public sidewalk that was broken and uneven and that had a subway grate that was raised two to three inches. The defendant-appellant, New York City Transit Authority (hereinafter the NYCTA), installed...

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