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DAVID CHRISTIAN, as Administrator of the Estate of DARRYL CHRISTIAN, Deceased, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The judgment in favor of plaintiff was properly reversed and the complaint dismissed. As a matter of law there was insufficient evidence of any negligence on the part of the Transit Authority to permit the case to go to the jury.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Order affirmed.

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CHRISTIAN v. NEW YORK CITY TRANSIT AUTHORITY
(Feb 10, 1981)