MALACOW v. CONSOL. RAIL CORP.


167 A.D.2d 123 (1990)

David Malacow, Appellant, v. Consolidated Rail Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 1, 1990


Plaintiff, a former brakeman-conductor for the defendant, commenced the underlying action seeking monetary damages for personal injuries he allegedly sustained on November 13, 1984 when he tripped and fell on a broken step that was allegedly bent at a 45-degree angle, while attempting to board defendant's engine No. 7546. Specifically, plaintiff alleged that the accident and resulting injuries were due solely to the negligence of the defendant, its agents, servants and employees...

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