Leon v. New York City Transit Authority

Order, Supreme Court, New York County (Harold B. Beeler, J.), entered December 3, 2009, which granted defendant New York City Transit Authority’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied. Appeal from order, same court (Michael D. Stallman, J.), entered February 17, 2011, which denied plaintiffs motion to renew and reargue, unanimously dismissed, without costs.

Plaintiff alleges he was injured when he fell into a gap between the platform and a subway car at the Union Square station in Manhattan. Specifically, he…