GARCIA v. NEW YORK CITY TR. AUTH.


63 A.D.3d 1100 (2009)

882 N.Y.S.2d 279

ROSELLA GARCIA, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided June 30, 2009.


Ordered that the judgment is reversed, on the law, with costs, and a new trial is granted.

On June 25, 2002, after visiting a friend in Brooklyn Heights, the plaintiff entered the Clark Street subway station to travel home. After passing through the turnstile, she took an elevator from the street to the mezzanine level, walked down a corridor, and began to descend a staircase leading to the platform. Although

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