INGRASSIA v. METRO NORTH COMMUTER RAILROAD

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Supreme Court, Appellate Division, First Department, New York.

Christina INGRASSIA, Plaintiff-Respondent, v. METRO-NORTH COMMUTER RAILROAD, Defendant-Appellant.

Decided: January 28, 1997

Before NARDELLI, J.P., and RUBIN, MAZZARELLI and ANDRIAS, JJ. Philip J. Dinhofer, for plaintiff-respondent. William G. Ballaine, for defendant-appellant.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered August 13, 1996, which granted plaintiff's motion to reargue a prior order, same court and Justice, entered March 13, 1996, granting defendant's motion for summary judgment dismissing this action under the Federal Employers' Liability Act (45 USC § 51 et seq.), and upon reargument, denied the motion, unanimously affirmed, without costs.

Plaintiff's testimony at the examination before trial, that she “constantly” told defendant's supervisors of the threats that her co-employee directed at her, “report[ing] everything”, recounting the nature of those threats and specific violent incidents, created a triable issue of fact as to whether the danger that the co-employee presented to plaintiff was reasonably foreseeable.

MEMORANDUM DECISION.