Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Lydia Mojica, Plaintiff–Respondent, v. Metro–North Commuter Railroad Company, Defendant–Appellant, Metropolitan Transportation Authority, et al., Defendants.
_
Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered October 21, 2013, which, insofar as appealed from, denied the motion of defendant Metro–North Commuter Railroad Company (Metro North) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Metro North did not establish its entitlement to judgment as a matter of law, in this action where plaintiff was injured when she allegedly slipped and fell on a patch of ice located inside a pedestrian tunnel underneath the railroad overpass owned and maintained by Metro North. The evidence submitted by Metro North failed to demonstrate that it lacked actual or constructive notice of the hazardous icy condition. Indeed, Metro North's annual inspection reports since the summer of 2008 show that it was aware that precipitation would result in water seeping through the overpass and leaking into the tunnel from the ceiling and walls. Accordingly, a jury could conclude that the allegedly negligent maintenance of the structure by Metro North caused the condition at issue (see Lebron v. Napa Realty Corp., 65 AD3d 436 [1st Dept 2009] ).
We have considered Metro North's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
_
CLERK
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: 1333 5
Decided: October 28, 2014
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)