Pantoja v. New York City Transit Authority

—Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about January 20, 1998, which granted defendant’s motion for summary judgment dismissing the complaint and denied as moot plaintiffs’ cross motion to strike the answer and for discovery, unanimously affirmed, without costs.

The infant plaintiff was injured when a young woman fell or was pushed from an elevated subway platform and landed upon him. Seeking to cast defendant Transit Authority in damages for the infant plaintiff’s harm, plaintiffs have alleged that the Transit Authority was negligent in failing to design,…