HUSSEIN v. NEW YORK CITY TRANSIT AUTHORITY


266 A.D.2d 146 (1999)

699 N.Y.S.2d 27

DENA H. HUSSEIN et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided November 30, 1999.


On January 11, 1995, during the evening rush hour commute, plaintiff Dena Hampton Hussein entered the subway station at the corner of 32nd Street and 6th Avenue in Manhattan. Before entering the turnstile, she slipped and fell, breaking her ankle. It is undisputed that it had been sleeting throughout the day, and that sleet was continuing to fall at the time of the accident.

The motion court erred in concluding that summary judgment was precluded by questions of fact...

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