The action was properly dismissed in the absence of evidence that defendant had actual or constructive notice of the puddle in the subway car that caused plaintiff to slip and fall as she exited. Since the storm was ongoing, "the accumulation could have occurred as a result of water dripping from the clothing or umbrellas of other passengers who had boarded the subway car immediately prior to" plaintiff's attempted exit (Alatief v New York City Tr. Auth.,
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DUNCAN v. NEW YORK CITY TRANSIT AUTHORITY
260 A.D.2d 213 (1999)
686 N.Y.S.2d 702
CAROLYN DUNCAN, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided April 13, 1999.
Decided April 13, 1999.
Appellate Division of the Supreme Court of the State of New York, First Department.
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