NEWARK, N.J. (WFAN/AP) — An appeals court has ruled that a lawsuit can proceed against the New Jersey Sports and Exposition Authority over an escalator accident at the former Giants Stadium.

Thomas DiBartolomeo sued the sports authority and the Schindler Elevator Company, which maintained the escalator. A judge dismissed both lawsuits, but Wednesday’s appellate ruling revives the suit against the sports authority.

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The accident occurred on Oct. 1, 2006, after a New York Jets game against Indianapolis. The suit describes how the escalator sent fans tumbling down on top of each other. It also claims a Schindler mechanic had previously expressed concerns to the NJSEA about overloading.

An NJSEA spokesman didn’t return a message seeking comment Wednesday.

A different escalator malfunctioned after a game in December 2007, sending five people to the hospital.

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