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TORRES v. NEW YORK CITY TRANSIT AUTHORITY

305 A.D.2d 165 (2003)

759 N.Y.S.2d 72

MARKSEA P. TORRES, an Infant, by His Mother and Natural Guardian, JEANETTE P. TORRES, et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant, and DIMAZINE NEWSSTAND, INC., Respondent.

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

Decided May 8, 2003.

The eight-year-old plaintiff's throat was cut when he reached for a candy bar at a subway newsstand, owned and operated by defendant pursuant to a license with defendant New York City Transit Authority, and fell onto a hook used to display nuts. Plaintiff supported himself with one hand on a news rack at the base of the newsstand and reached with his other hand for the candy, located above the display of nuts. However, the news rack moved when plaintiff leaned on it and plaintiff...

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