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BACIC v. NEW YORK CITY TRANSIT AUTHORITY

64 A.D.3d 526 (2009)

883 N.Y.S.2d 258

MIRO BACIC, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided July 7, 2009.

Ordered that the judgment is affirmed, with costs.

The plaintiff's decedent was dropped off at the Main Street subway station in Queens at 4:45 P.M. on July 9, 2003. Shortly thereafter, her deceased body was found under two cars of a Manhattan-bound No. 7 train, and one of her shoes was found on the subway platform. There were no witnesses to the incident, but, according to the medical examiner's report, the decedent's blood alcohol level was .21%. At the close of...

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