ADAMO v. NATIONAL RAILROAD PASSENGER CORP.

2406, 102506/06

71 A.D.3d 557 (2010)

897 N.Y.S.2d 85

MAUREEN ADAMO et al., Appellants, v. NATIONAL RAILROAD PASSENGER CORP., et al., Respondents.

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

Decided March 23, 2010.


Plaintiff Maureen Adamo tripped and fell as she was ascending the stairs of a stopped escalator at Manhattan's Penn Station; she attributed the accident to the uneven spacing of the escalator's risers or steps. Following discovery, defendants satisfied their initial burden of showing, prima facie, the absence of material issues of fact by demonstrating, through competent evidence in the form of deposition testimony from the injured plaintiff, defendant Long Island Railroad...

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