Francis v. New York City Transit Authority

—Order, Supreme Court, Bronx County (Paul Victor, J.), entered May 4, 2001, which, in an action for personal injuries allegedly caused by a tripping hazard on the platform of defendant Transit Authority’s above-ground subway platform, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff testified at deposition that as he fled a threatening gang of youths, he tripped over a protruding metal plate on the subway platform, causing him to fall close to the platform’s edge, then almost immediately onto the tracks and ultimately…