Malacow v. Consolidated Rail Corp.

Judgment, Supreme Court, New York County (Francis Pécora, J.), entered on March 23, 1989, after a jury trial, in favor of defendant Consolidated Rail Corporation, dismissing the plaintiffs complaint, unanimously affirmed, without costs.

Plaintiff, a former brakeman-conductor for the defendant, commenced the underlying action seeking monetary damages for personal injuries he allegedly sustained on November 13, 1984 when he tripped and fell on a broken step that was allegedly bent at a 45-degree angle, while attempting to board defendant’s engine No. 7546. Specifically, plaintiff alleged that…