Toner v. National Railroad Passenger Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*455Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered April 9, 2009, which denied defendants’ motion for summary judgment, reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
Tom, J.P., and Manzanet-Daniels, J., concur in a separate memorandum by Tom, J.P., as follows:
Plaintiff slipped and fell at the bottom of a stairway at the 7th Avenue entrance to Penn Station at West 32nd Street in Manhattan. While the parties disputed whether it was raining at the time of the accident and whether…
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