Booker v. City of New York

In an action to recover damages for personal injuries, etc., the defendant New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated June 26, 2007, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

*711Mark Burgess, then 10 years old, allegedly was injured when he fell through an open subway grate while riding his bicycle on the sidewalk in front of 524 Lafayette Avenue in Brooklyn, and landed on the train tracks below.

The defendant New York City…