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TONER v. NATIONAL RAILROAD PASSENGER CORP.

1929, 24868/04

71 A.D.3d 454 (2010)

894 N.Y.S.2d 873

KATHLEEN TONER, Respondent, v. NATIONAL RAILROAD PASSENGER CORP. et al., Appellants.

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

Decided March 9, 2010.

Tom, J.P., and Manzanet-Daniels, J., concur in a separate memorandum by Tom, J.P., as follows:

Plaintiff slipped and fell at the bottom of a stairway at the 7th Avenue entrance to Penn Station at West 32nd Street in Manhattan. While the parties disputed whether it was raining at the time of the accident and whether warning signs were displayed, it was agreed that mats had been placed at the bottom of the staircase and that...

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