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Snyder v. New York City Transit Authority

2 A.D.3d 162 Court N.Y. App. Div. Decision date 2003-12-04 English

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p. 162
Richard Snyder, as Guardian of Perrin Snyder, Appellant, v New York City Transit Authority, Respondent.
[767 NYS2d 620]

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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