NYCTA Denied Summary Judgment in Trip-and-Fall over Wooden Board on Subway Platform

Case: Acevedo v. N.Y.C. Transit Authority

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 7/5/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident lawyer)

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Facts: This accident occurred when plaintiff was trying to enter a subway train. He tripped and fell over a board placed on the platform by the Transit Authority.

The lower court granted the Transit Authority's motion for summary judgment, dismissing the complaint. A result which makes little sense.

Held: On appeal the court rightly holds that there is an issue or question of fact as to whether the board on the platform was dangerous. Especially since this accident occurred during rush hour. The lower court is reversed, the Transit Authority is denied summary judgment, and this case is revived and lives again.

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