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BINGHAM v. NY CITY TR. AUTH.

8 N.Y.3d 176 (2007)

864 N.E.2d 49

832 N.Y.S.2d 125

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

Court of Appeals of the State of New York.

Decided February 15, 2007.

Attorney(s) appearing for the Case

Lawrence Heisler, Brooklyn, and Wallace D. Gossett for appellants.

Ginsberg & Katsorhis, P.C., Flushing (Kerry John Katsorhis of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK and SMITH concur with Judge PIGOTT; Judge GRAFFEO dissents and votes to reverse in a separate opinion; Judges READ and JONES taking no part.

OPINION OF THE COURT

PIGOTT, J.

In November 1995, plaintiff Ina Jean Bingham was injured when she fell while descending a stairway used as a means of access to and egress from the New York City subway. Plaintiff alleges that her foot caught on a metal strip protruding from one of the steps, causing her fall. She brought suit against the New York City Transit Authority and the Metropolitan Transportation Authority...

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