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KERZHNER v. NEW YORK CITY TR. AUTH.

2018-00045, Index No. 505760/14.

170 A.D.3d 982 (2019)

96 N.Y.S.3d 298

2019 NY Slip Op 02077

Volko Kerzhner, Appellant, v. New York City Transit Authority, Respondent.

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

Decided March 20, 2019.

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

The plaintiff commenced this action to recover damages for personal injuries that he alleges he sustained when he slipped and fell on an escalator located in a subway station owned by the defendant. After joinder of issue, the defendant moved for summary judgment dismissing the complaint. In the order appealed from, the Supreme...

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