Snyder v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Snyder v. New York City Transit Authority

2 A.D.3d 162, 767 N.Y.S.2d 620, 2003 N.Y. App. Div. LEXIS 12888

Appellate Division of the Supreme Court of the State of New York·Decided December 4, 2003·Published

Opinion

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.

Defendant did not have a duty to warn plaintiff Perrin Snyder 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 Gao Yi Feng v Metropolitan Transp. Auth., 285 AD2d 447, 448 [2001]; Brown v Metropolitan Tr. Auth., 281 AD2d 159, 160-161 [2001]). Concur— Tom, J.P., Andrias, Saxe and Ellerin, JJ.

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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.

Defendant did not have a duty to warn plaintiff Perrin Snyder 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 Gao Yi Feng v Metropolitan Transp. Auth., 285 AD2d 447, 448 [2001]; Brown v Metropolitan Tr. Auth., 281 AD2d 159, 160-161 [2001]). Concur— Tom, J.P., Andrias, Saxe and Ellerin, JJ.

Snyder v. New York City Transit Authority, 2 A.D.3d 162, 767 N.Y.S.2d 620, 2003 N.Y. App. Div. LEXIS 12888 (N.Y. Ct. App. 2003).

Pincite

2 A.D.3d 162 (Snyder v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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