Taveras v. City of New York

Order, Supreme Court, New York County (Donna M. Mills, J.), entered October 24, 2007, which, insofar as appealed from as limited by the briefs, in an action for personal injuries, granted defendant-respondent’s motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

Plaintiff was injured when she tripped over construction fencing maintained by defendant New York City Transit Authority, causing her foot to hit a raised padlock affixed to cellar doors on adjacent premises owned by respondent. Following respondent’s prima facie…