MURPHY v. NEW YORK CITY TRANSIT AUTHORITY

2009-06738.

74 A.D.3d 1158 (2010)

904 N.Y.S.2d 169

PAUL MURPHY, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided June 22, 2010.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

At approximately 7:00 A.M. on Sunday, June 11, 2006, the plaintiff was attacked by an unidentified man at the 36th Avenue subway station in Queens. According to the plaintiff, the attack began as he was exiting the turnstile, approximately 10 feet away from the attendant's booth. The plaintiff claims that the perpetrator repeatedly...

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