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STEWART v. NEW YORK CITY TRANSIT AUTHORITY

45 A.D.3d 310 (2007)

844 N.Y.S.2d 696

VERGINIA STEWART, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided November 8, 2007.

Issues of fact exist, including whether the board over which plaintiff tripped was open and obvious, and, if so, the extent of plaintiff's comparative negligence, if any (see Orellana v Merola Assoc., 287 A.D.2d 412, 413 [2001]; DeJesus v F.J. Sciame Constr. Co., Inc., 20 A.D.3d 354, 354 [2005]). Such issues are raised by plaintiff's testimony...

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