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PANTOJA v. NEW YORK CITY TRANSIT AUTH.

255 A.D.2d 146 (1998)

679 N.Y.S.2d 388

Anthony Pantoja, an Infant, by His Mother and Natural Guardian, Helg Pantoja, et al., Appellants, v. New York City Transit Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 10, 1998

The infant plaintiff was injured when a young woman fell or was pushed from an elevated subway platform and landed upon him. Seeking to cast defendant Transit Authority in damages for the infant plaintiff's harm, plaintiffs have alleged that the Transit Authority was negligent in failing to design, construct and maintain a railing sufficiently high to prevent the young woman's fall; the existing platform railing was 43 inches in...

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