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BINGHAM v. NEW YORK CITY TRANSIT AUTHORITY

25 A.D.3d 433 (2006)

808 N.Y.S.2d 197

INA JEAN BINGHAM, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

January 17, 2006.

Plaintiff commenced this action to recover for injuries sustained when she fell down a stairway providing access to a subway station. The Court of Appeals reinstated the action (99 N.Y.2d 355 [2003], revg 287 A.D.2d 411 [2001]) upon the finding that there was a triable issue as to whether defendant Transit Authority was in fact merely a common user of the stairway. In so doing, the Court expressly...

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