Opinion
04-02-2015
Rosemond BARNEY–YEBOAH, Respondent, v. METRO–NORTH COMMUTER RAILROAD, Appellant.
Krez & Flores, LLP, New York City (Paul A. Krez of counsel), for appellant. Buttafuoco & Associates PLLC, Woodbury (Jason M. Murphy of counsel), for respondent.
Krez & Flores, LLP, New York City (Paul A. Krez of counsel), for appellant.
Buttafuoco & Associates PLLC, Woodbury (Jason M. Murphy of counsel), for respondent.
Opinion
MEMORANDUM:The order of the Appellate Division should be reversed, with costs, Supreme Court's order reinstated, and the certified question answered in the negative. This is not the type of rare case in which the circumstantial proof presented by plaintiff “is so convincing and the defendant's response so weak that the inference of defendant's negligence is inescapable” (Morejon v. Rais Constr. Co., 7 N.Y.3d 203, 209, 818 N.Y.S.2d 792, 851 N.E.2d 1143 [2006] ).
Chief Judge LIPPMAN and Judges READ, RIVERA, ABDUS–SALAAM, STEIN and FAHEY concur. Judge PIGOTT dissents and votes to affirm for reasons stated in the memorandum at the Appellate Division (120 A.D.3d 1023, 992 N.Y.S.2d 215 [2014] ).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11 ), order reversed, with costs, order of Supreme Court, New York County, reinstated, and certified question answered in the negative, in a memorandum.