Pagan v. Metropolitan Transportation Authority

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered August 1, 2012, which, in this personal injury action arising from plaintiffs alleged slip and fall on water on the floor of defendant Metro-North Railroad’s train, to the extent appealed from, denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

An issue of fact exists as to whether defendant’s employee created the alleged hazardous condition by leaving an end door open, allowing rainwater to enter the subject car. Under the circumstances, the fact that it was raining at the time of the…