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SNYDER v. NEW YORK CITY TRANSIT AUTHORITY

2 A.D.3d 162 (2003)

767 N.Y.S.2d 620

RICHARD SNYDER, as Guardian of PERRIN SNYDER, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

December 4, 2003.

Defendant did not have a duty to warn plaintiff Perrin Snyder of the danger of leaning over the subway platform in such a manner as to place his body in the path of an oncoming train. Under the circumstances, plaintiff's injury was attributable solely to his own reckless conduct (see Gao Yi Feng v Metropolitan Transp. Auth., 285 A.D.2d 447, 448 [2001]; Brown v Metropolitan Tr. Auth., 281 A.D.2d 159

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