Cerreta v. New Jersey Transit Corp.

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered December 9, 1998, which granted defendants’ motion for summary judgment and dismissed the complaint, unanimously reversed, on the law, without costs, defendants’ motion denied and the complaint reinstated.

Plaintiff Paul Cerreta attempted to board a train which had just begun to move out of Pennsylvania Station. As a result of *129physical contact with a conductor in the train’s open doorway he fell backwards and his foot caught in the space between the platform and the moving train. The IAS Court discounted plaintiffs’ evidence…