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MICHELANGELO SCIMECA, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

Order reversed and a new trial granted, with costs to plaintiff-appellant, for the reasons stated in the dissenting opinion by Mr. Justice FRANK A. GULOTTA at the Appellate Division.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS. Taking no part: Judge RABIN.

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SCIMECA v. NEW YORK CITY TRANSIT AUTHORITY
(Mar 21, 1974)