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MORAZZANI v. MTA NEW YORK CITY TRANSIT

1544.

67 A.D.3d 598 (2009)

892 N.Y.S.2d 6

2009 NY Slip Op 08684

ELIZABETH MORAZZANI, Appellant, v. MTA NEW YORK CITY TRANSIT, Respondent.

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

Decided November 24, 2009.

The record demonstrates that it was raining when plaintiff boarded the bus and still raining when she slipped while attempting to exit the bus. Plaintiff claims she slipped on a puddle of water on the floor of the bus. Defendant is not obligated to provide a constant remedy for the tracking of water onto a bus during an ongoing storm (Duncan v New York City Tr. Auth., 260 A.D.2d 213 [1999]).

We have considered plaintiff's...

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