Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was for summary judgment is granted, and the complaint is dismissed.
The injured plaintiff, an employee of the defendant, fell while descending a stairway from the defendant's train platform. Just prior to the accident, he was riding the defendant's train on a gratuitous pass issued to him by the defendant.
The Supreme Court should...
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