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CERRETA v. NEW JERSEY TRANSIT CORPORATION

267 A.D.2d 128 (1999)

700 N.Y.S.2d 11

PAUL CERRETA et al., Appellants, v. NEW JERSEY TRANSIT CORPORATION et al., Respondents.

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

Decided December 16, 1999.

Plaintiff Paul Cerreta attempted to board a train which had just begun to move out of Pennsylvania Station. As a result of physical contact with a conductor in the train's open doorway he fell backwards and his foot caught in the space between the platform and the moving train. The IAS Court discounted plaintiffs' evidence in opposition to defendants' summary judgment motion and concluded that plaintiff's attempt to board the train...

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