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TERRANOVA v. NYC TR. AUTH.

49 A.D.3d 10 (2007)

850 N.Y.S.2d 123

EDWARD TERRANOVA, Respondent, et al., Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

December 18, 2007.

Attorney(s) appearing for the Case

Wallace D. Gossett, Brooklyn (Lawrence A. Silver of counsel), for appellant.

Morton Povman, P.C., Forest Hills (Bruce Povman of counsel), for respondent.

Michael A. Cardozo, Corporation Counsel, New York City (Stephen J. McGrath and Cheryl Payer of counsel), for City of New York, amicus curiae.

KRAUSMAN, ANGIOLILLO and McCARTHY, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.P.

The plaintiff Edward Terranova (hereinafter the plaintiff) is a New York City firefighter who was injured in the course of a fire at a bus depot owned by the defendant, the New York City Transit Authority (hereinafter the Transit Authority). The plaintiff contends that his injuries were the result of the Transit Authority's failure to comply with various provisions of the Administrative Code of the City of New York (hereinafter...

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