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POSNER v. NEW YORK CITY TRANSIT AUTHORITY

27 A.D.3d 542 (2006)

813 N.Y.S.2d 106

LYNN B. POSNER, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

March 14, 2006.

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

This is an action to recover damages for personal injuries allegedly sustained by the plaintiff's decedent when he slipped and fell on a manhole cover owned by the defendant New York City Transit Authority located in the intersection of Court Street and Joralemon Street in downtown Brooklyn. The plaintiff alleged violations of, inter...

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