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GIUFFRIDA v. METRO NORTH COMMUTER RAILROAD COMPANY

279 A.D.2d 403 (2001)

720 N.Y.S.2d 41

JAY GIUFFRIDA, Appellant, v. METRO NORTH COMMUTER RAILROAD COMPANY et al., Respondents. (And a Third-Party Action.)

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

Decided January 25, 2001.

Plaintiff alleges that she slipped in the Graybar Passage of Grand Central Station in the vicinity of Zaro's Bread Basket, owned and operated by defendant Azor Bake Shop. The "Aided Report" completed by the Metro North Police Department states that "[t]here was some sort of stain. The area did not appear to be wet." At a 50-h hearing, plaintiff described the substance as a dry spot: "Six inches, approximately, over a spot about...

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