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WILLIAMS v. NEW YORK CITY TRANSIT AUTHORITY

57 A.D.3d 976 (2008)

870 N.Y.S.2d 456

EDWARD WILLIAMS et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

December 30, 2008.

Ordered that the order is affirmed, with one bill of costs.

The 13-year-old plaintiff Edward Williams (hereinafter the infant plaintiff) entered a construction area on the Franklin Avenue Shuttle tracks through a gap in a fence at the Lincoln Place overpass (hereinafter the Lincoln Place fence). He then walked one block to the Eastern Parkway overpass where he attempted to climb a second fence (hereinafter the Eastern Parkway fence). The Eastern Parkway fence allegedly...

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