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ALONSO v. NEW YORK CITY TRANSIT AUTHORITY

298 A.D.2d 311 (2002)

748 N.Y.S.2d 498

FRANK ALONSO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided October 29, 2002.

The complaint was properly dismissed. The alleged hazard in this trip and fall action, temporary plywood flooring raised from the surrounding well-lit subway platform floor and painted bright yellow around the edges, was open and apparent and thus did not constitute a trap or snare for the unwary, and, under all the relevant circumstances, too trivial to be actionable (see Trincere v County of Suffolk, 90 N.Y.2d 976; Cruz v Deno...

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