TUCKER v. NEW YORK CITY TRANSIT AUTHORITY


42 A.D.3d 316 (2007)

839 N.Y.S.2d 487

JAMES E. TUCKER et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided July 5, 2007.


Plaintiffs commenced this action for personal injuries allegedly sustained by plaintiff James Tucker in a slip and fall incident in defendant Transit Authority's subway station. Plaintiff was descending a long interior staircase when he slipped and fell on the second landing, which was wet. Although it had been raining on the day of the accident, plaintiff testified at his General Municipal Law § 50-h hearing and alleged in his bill of particulars that the wet condition...

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