Second Circuit upholds District Court's order granting summary judgment

In Nussbaum v. Metro-North Commuter R.R., 2015 WL 859565 (2d Cir. 2015), affm 994 F. Supp. 2d 483 (S.D.N.Y. 2014), the Second Circuit restated the general law that a plaintiff who alleges that a defendant created a dangerous condition must prove, not only that the defendant knew or had reason to know of the condition, but that the defendant knew or had reason to know of the danger, i.e., that the condition it created was dangerous. The LCBF team was headed by Andrew P. Keaveney.