Maria Cruz v. Metro-North Commuter Railroad, et al.– Index No.: 68054/2021 – Westchester County Supreme

Brief Factual Summary: Plaintiff alleged that she was injured when she slipped and fell while riding on a Metro-North train. She argued that a bathroom on the train had overflowed covering the floor with water.  We provided an affidavit from a meteorologist supporting our client’s deposition testimony that there was a torrential rainstorm throughout the ride which was the actual cause of the water on the train.  We argued that the “storm in progress” doctrine provided a complete defense because the rain prevented us from drying the floor.  On January 9, 2024, we filed a motion for summary judgment.  On May 29, 2024, our motion was granted by Justice Paul Marx.  A Notice of Appeal was filed, but it was not perfected.