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Morazzani v. MTA New York City Transit

Appellate Division of the Supreme Court of New York, First Department
Nov 24, 2009
67 A.D.3d 598 (N.Y. App. Div. 2009)

Opinion

No. 1544.

November 24, 2009.

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.

Milos Law Office, New York (Irena Milos of counsel), for appellant.

Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel), for respondent.

Before: Friedman, J.P., McGuire, Renwick, Richter and Manzanet-Daniels, JJ.


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 AD2d 213).

We have considered plaintiffs remaining arguments and find them unavailing.


Summaries of

Morazzani v. MTA New York City Transit

Appellate Division of the Supreme Court of New York, First Department
Nov 24, 2009
67 A.D.3d 598 (N.Y. App. Div. 2009)
Case details for

Morazzani v. MTA New York City Transit

Case Details

Full title:ELIZABETH MORAZZANI, Appellant, v. MTA NEW YORK CITY TRANSIT, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 24, 2009

Citations

67 A.D.3d 598 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8684
892 N.Y.S.2d 6