Stewart v. New York City Transit Authority

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered October 20, 2006, which, in an action for personal injuries sustained when plaintiff tripped and fell over a wooden board in a subway station, denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

Issues of fact exist, including whether the board over which plaintiff tripped was open and obvious, and, if so, the extent of plaintiffs comparative negligence, if any (see Orellana v Merola Assoc., 287 AD2d 412, 413 [2001]; DeJesus v F.J. Sciame Constr. Co., Inc., 20 AD3d 354, 354 [2005]). Such…