Practice point: Summary judgment was denied in where plaintiff was
injured when, while stepping off defendant's train, she slipped and fell
on an icy condition on the platform. The expert's report, submitted in
support of defendant's motion, was unsworn, and thus, not in admissible
form. This was an error that could not be cured by submitting a sworn
affidavit by this expert in reply papers.
Student note: In addition, the court found triable issues as to
whether, since the cessation of the storm, defendant had a reasonable
amount of time to remedy the icy-wet conditions at the station where
plaintiff fell.
Case: Accardo v. Metro-North R.R., NY Slip Op 01324 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Pleading fraud with particularity.
