MERCHANT v. NEW YORK CITY TRANSIT AUTHORITY

2019-05164. Index No. 702528/16.

183 A.D.3d 647 (2020)

121 N.Y.S.3d 651

2020 NY Slip Op 02666

Zaheer Merchant, Appellant, v. New York City Transit Authority, Respondent.

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

Decided May 6, 2020.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

On October 2, 2015, at approximately 5:15 p.m., the plaintiff allegedly slipped and fell on water while walking inside the 74th Street/Roosevelt Avenue subway station. It was undisputed that it had been raining all day. The plaintiff subsequently commenced this action against the defendant to recover damages for personal injuries...

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