Fortson v. City Transit Authority

Order, Supreme Court, New York County (White, J.), entered March 14,1984, granting defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, and the motion denied.

Plaintiff Eleanor Fortson was injured when she tripped and fell on an allegedly defective step as she descended a stairway leading from the Penn Station Railroad Terminal to defendant Transit Authority’s 34th Street subway station. Signs posted at the top of the stairway indicated that it led to a change booth and a subway entrance. A sign at the bottom of the…