PICERNO v. NEW YORK CITY TRANSIT AUTHORITY


4 A.D.3d 349 (2004)

771 N.Y.S.2d 549

NINA PICERNO, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

February 2, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff allegedly sustained injuries when, descending a staircase at a subway station, she slipped and fell on a puddle of water. It is undisputed that it had been raining on the day of the plaintiff's fall. The plaintiff commenced the instant action against the defendant New York City Transit Authority. The defendant moved, in effect, for summary...

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