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GENEN v. METRO-NORTH COMMUTER RAILROAD

261 A.D.2d 211 (1999)

690 N.Y.S.2d 213

ABRAHAM GENEN et al., Respondents, v. METRO-NORTH COMMUTER RAILROAD, Respondent, and HUNTER EXCAVATING CORP., Appellant. METRO-NORTH COMMUTER RAILROAD, Third-Party Plaintiff-Respondent, v. HUNTER EXCAVATING CORP., Third-Party Defendant-Appellant.

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

Decided May 18, 1999.

Plaintiff Abraham Genen slipped and fell on an icy platform at defendant Metro-North's Salisbury Mills station. Metro-North had previously hired defendant Hunter to perform snow removal and sanding services at the station. On January 31, 1996, the day before the accident, two inches of snow fell and, according to Hunter, it plowed and sanded the platforms and station area pursuant to its contract. Plaintiff commenced the instant action for personal injuries against Metro...

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