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Morazzani v. MTA New York City Transit

November 24, 2009

ELIZABETH MORAZZANI, PLAINTIFF-APPELLANT,
v.
MTA NEW YORK CITY TRANSIT, DEFENDANT-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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

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

406617/07

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 [1999]).

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

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091124

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