Plaintiff alleges he was injured when he fell into a gap between the platform and a subway car at the Union Square station in Manhattan. Specifically, he testified that when he attempted to board the subway car, his left leg fell, up to his buttocks, into the gap of eight or nine inches between the platform and the car. Plaintiff suffered, among other injuries, a torn meniscus. In support of its motion to dismiss, the Transit Authority (TA) asserted that case law has established...
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