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NELSON v. NEW YORK CITY TRANSIT AUTHORITY

2016-09512, Index No. 10899/12.

170 A.D.3d 1184 (2019)

96 N.Y.S.3d 342

2019 NY Slip Op 02347

Marva Nelson, as Administratrix of the Estate of Briant Marc Rowe, Deceased, Appellant, v. New York City Transit Authority et al., Respondents, et al., Defendant.

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

Decided March 27, 2019.

Ordered that the order is affirmed insofar as appealed from, with costs.

On November 19, 2011, in the tunnel between the Flatbush Avenue and Newkirk Avenue subway stations in Brooklyn, Brian Marc Rowe (hereinafter the decedent), who had jumped onto the subway tracks, was struck and killed by a subway train operated by the defendant New York City Transit Authority (hereinafter NYCTA) and owned by the defendant Metropolitan Transportation Authority (hereinafter together...

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