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BOOKER v. CITY OF NEW YORK

61 A.D.3d 710 (2009)

876 N.Y.S.2d 648

DANIELLE BOOKER, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 14, 2009.

Ordered that the order is affirmed, with costs.

Mark Burgess, then 10 years old, allegedly was injured when he fell through an open subway grate while riding his bicycle on the sidewalk in front of 524 Lafayette Avenue in Brooklyn, and landed on the train tracks below.

The defendant New York City Transit Authority (hereinafter NYCTA) failed to establish its prima facie entitlement to judgment as a matter of law....

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