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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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No. 103 SSM 6
Rosemond Barney-Yeboah,
            Respondent,
        v.
Metro-North Commuter Railroad,
            Appellant.




          Submitted by Paul A. Krez, for appellant.
          Submitted by Jason M. Murphy, for respondent.




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

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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 NY3d 203, 209 [2006]).

*   *   *   *   *   *   *   *    *     *   *   *   *   *   *   *   *

On review of submissions pursuant to section 500.11 of the Rules,
order reversed, with costs, order of Supreme Court, New York
County, reinstated, and certified question answered in the
negative, in a memorandum. 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 AD3d 1023 [2014]).


Decided April 2, 2015




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