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MATSUR v. NEW YORK CITY TRANSIT AUTHORITY

2007-08350.

66 A.D.3d 848 (2009)

888 N.Y.S.2d 531

2009 NY Slip Op 7599

ANATOLI MATSUR et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendants. (And Third-Party Actions.)

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

Decided October 20, 2009.

Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, and a new trial is granted on the issue of damages only, unless within 30 days after service upon the plaintiffs of a copy of this decision and order, the plaintiffs shall serve and file in the Office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict as to damages in favor of the...

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