In Booker v. City of New York , 10 year-old Mark Burgess was allegedly injured when he fell through an open subway grate while riding his bicycle.
After a lawsuit was filed in Kings County Supreme Court, the City of New York and the New York City Transit Authority (NYCTA) sought to have the case dismissed, but their request was denied.
On appeal, the Appellate Division, Second Department, thought NYCTA failed to establish it didn't create or have notice of the hazardous condition. Since its "immunity" defense was also seen as baseless, the case will be rolling to trial.
The NYCTA sure must have found that grating.
To download a copy of the Appellate Division's decision, please use this link: Booker v. City of New York