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MANDAL v. PORT AUTH. OF NY AND NJ

Docket No. A-0100-10T3, A-0132-10T3

64 A.3d 239 (2013)

430 N.J. Super. 287

Soma MANDAL, M.D., Plaintiff-Respondent/Cross-Appellant, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY and Modern Facilities Services, Defendants-Appellants/Cross-Respondents, and Timberland Company, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 2013.

Attorney(s) appearing for the Case

Sean R. Kelly argued the cause for appellant/cross-respondent Port Authority of New York and New Jersey (Saiber LLC, Attorneys; Mr. Kelly , of counsel; Mr. Kelly , Michael J. Grohs and Christopher J. Turano , Florham Park, on the brief).

Benjamin Clarke argued the cause for appellant/cross-respondent Modern Facilities Services (DeCotiis, FitzPatrick & Cole, attorneys; Mr. Clarke and Dawn Attwood , of counsel; Mr. Clarke , Ms. Attwood , Jason Attwood , Teaneck, and Irene Stavrellis , on the brief).

Christopher W. Hager argued the cause for respondent/cross-appellant ( Niedweske Barber Hager , attorneys; Kevin E. Barber and Mr. Hager, Morristown, of counsel and on the brief).

Before Judges FISHER, WAUGH and ST. JOHN.

The opinion of the court was delivered by

FISHER, P.J.A.D.

Defendant Port Authority of New York and New Jersey and defendant Modern Facilities Services, Inc., appeal from a judgment based on a jury verdict in favor of plaintiff Soma Mandal, M.D., for injuries suffered as a result of her fall at Pavonia Station in Jersey City on March 18, 2007. Because, among other things, the trial judge erroneously instructed the jury that the Port Authority was burdened...

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