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MUNIZ v. NEW YORK CITY TRANSIT AUTHORITY

30 A.D.3d 388 (2006)

816 N.Y.S.2d 561

FRIDA MUNIZ, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

June 6, 2006.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

We agree with the defendant's contention that the jury verdict that the plaintiff was negligent when she descended the defendant's subway stairs and tripped and fell, but that her negligence was not a proximate cause of the accident, is inconsistent. Under the facts of this case, the issues of negligence and proximate cause are...

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