Kitt v New York City Tr. Auth. (2006 NY Slip Op 01396)

Kitt v New York City Tr. Auth.

2006 NY Slip Op 01396 [26 AD3d 301]

February 28, 2006

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 19, 2006

Eugene Kitt, Appellant, et al., Plaintiff,
v
New York City Transit Authority, Respondent.

—[*1]

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered January 31, 2005, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Instead of waiting to enter the train through the doors from the crowded subway platform, plaintiff attempted to squeeze through the spring-loaded gate between the cars, and was injured in the process. The court properly found plaintiff's reckless conduct was unforeseeable and was the proximate cause of this accident (see Lassalle v New York City Tr. Auth., 11 AD3d 661 [2004]). Concur—Tom, J.P., Mazzarelli, Sullivan, Sweeny and Malone, JJ.