Ingrassia v. Metro-North Commuter Railroad

235 A.D.2d 350, 653 N.Y.S.2d 9, 1997 N.Y. App. Div. LEXIS 620

Opinion

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. Concur—Nardelli, J. P., Rubin, Mazzarelli and Andrias, JJ.