Accardo v. Metro-North Railroad

Order, Supreme Court, New York County (Richard F. Braun, J.), entered on or about May 17, 2012, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied in this action where plaintiff was injured when, while stepping off defendant’s train, she slipped and fell on an icy condition on the platform. The expert’s report, submitted in support of defendant’s motion, was unsworn, and thus, not in admissible form. This was an error that could not be cured by submitting a sworn affidavit by this expert in…