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GRACE v. NEW YORK CITY TRANSIT AUTH.

13302, 306882/08

123 A.D.3d 401 (2014)

998 N.Y.S.2d 36

2014 NY Slip Op 08362

CASSANDRA GRACE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et at, Defendant.

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

Decided December 2, 2014.

Plaintiff was injured when she fell due to a depression and crack in the floor tile at the bottom of a staircase at a subway station owned and operated by defendant New York City Transit Authority (defendant).

The record reflects that the jury charge correctly advised that loss of enjoyment of life was a component of pain and suffering (see Nussbaum v Gibstein, 73 N.Y.2d 912, 914 [1989]). Defendant argues that the verdict...

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