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NOWACK v. NEW YORK CITY TRANSIT AUTHORITY

40 A.D.3d 510 (2007)

834 N.Y.S.2d 858

SEBASTIAN NOWACK, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided May 29, 2007.

The opinion of defendant's expert engineer that, inter alia, the safety chain restraint at issue, as modified over the years, was a rational, efficient and practical design utilized for generations in New York City's narrow, twisting and undulating subway tunnels, an opinion corroborated in part by a 1982 National Transportation Safety Board study as well as by internal Transit Authority correspondence and memoranda included in that study, established defendant's prima facie...

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