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KARWOWSKI v. NEW YORK CITY TRANSIT AUTHORITY

44 A.D.3d 826 (2007)

844 N.Y.S.2d 96

TADEUSZ KARWOWSKI, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided October 16, 2007.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is granted.

The plaintiff allegedly was injured when he fell while descending a stairway in the Nassau Avenue subway station in Brooklyn. At his statutory hearing pursuant to General Municipal Law § 50-h, and at his examination before trial...

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