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PEDRAZA v. NYC TR. AUTH.

Appeal No. 14414. Index No. 159366/13. Case Nos. 2020-00343, 2020-04417. Index No. 159366/13.

203 A.D.3d 95 (2022)

162 N.Y.S.3d 19

2022 NY Slip Op 00255

JOSE LUIS MELENDEZ PEDRAZA, Also Known as JOSE LUIS MELENDEZ and Another, Respondent-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant-Respondent, et al., Respondents.

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

Decided January 13, 2022.

Attorney(s) appearing for the Case

Lawrence Heisler , Brooklyn ( Harriet Wong and Anna J. Ervolina of counsel), for appellants-respondents.

Pollack, Pollack, Isaac & DeCicco, LLP, New York City ( Brian J. Isaac of counsel), Lipsig, Shapey, Manus & Moverman, P.C., New York City ( Alan M. Shapey of counsel) and Michael H. Zhu , New York City, for respondent-appellant.

GISCHE, J.P., WEBBER, MOULTON and PITT, JJ., concur.

OPINION OF THE COURT

On October 26, 2012, plaintiff Jose Pedraza was run over by a number 6 subway car entering the Spring Street station. Plaintiff was intoxicated when he entered the station and does not recall how he came to be on the tracks. The train operator, defendant Angel Rivera, testified at trial that the track...

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