MORAZZANI v. MTA NEW YORK CITY TRANSIT (2009)

Elizabeth MORAZZANI, Plaintiff-Appellant, v. MTA NEW YORK CITY TRANSIT, Defendant-Respondent.

Decided: November 24, 2009

FRIEDMAN, J.P., McGUIRE, RENWICK, RICHTER, MANZANET-DANIELS, JJ.

Milos Law Office, New York (Irena Milos of counsel), for appellant. Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel), for respondent.

Order, Supreme Court, New York County (Donna M. Mills, J.), entered October 15, 2008, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The record demonstrates that it was raining when plaintiff boarded the bus and still raining when she slipped while attempting to exit the bus. Plaintiff claims she slipped on a puddle of water on the floor of the bus. Defendant is not obligated to provide a constant remedy for the tracking of water onto a bus during an ongoing storm (Duncan v. New York City Tr. Auth., 260 A.D.2d 213 [1999] ).

We have considered plaintiff's remaining arguments and find them unavailing.

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