Snyder v. New York City Tr. Auth

Full title: RICHARD SNYDER, ETC., Plaintiff-Appellant, v. NEW YORK CITY TRANSIT…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 4, 2003

2 A.D.3d 162 (N.Y. App. Div. 2003)

767 N.Y.S.2d 620

Opinion

2389.

December 4, 2003.

Order, Supreme Court, New York County (Robert Lippmann, J.), entered September 10, 2002, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Ephrem Wertenteil, for Plaintiff-Appellant.

Lawrence Heisler, for Defendant-Respondent.

Before: Tom, J.P., Andrias, Saxe, Ellerin, JJ.

Defendant did not have a duty to warn plaintiff of the danger of leaning over the subway platform in such a manner as to place his body in the path of an oncoming train. Under the circumstances, plaintiff's injury was attributable solely to his own reckless conduct ( see Feng v. Metro. Tr. Auth., 285 A.D.2d 447, 448; Brown v. Metro. Tr. Auth., 281 A.D.2d 159, 160-161).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.