ALONSO v. N.Y.C. TRANSIT AUTH

The complaint was properly dismissed. The alleged hazard in this trip and fall action, temporary plywood flooring raised from the surrounding well-lit subway platform floor and painted bright yellow around the edges, was open and apparent and thus did not constitute a trap or snare for the unwary, and, under all the relevant circumstances, too trivial to be actionable (see Trincere v. County v. Suffolk, 90 N.Y.2d 976; Cruz v. Deno's Wonder Wheel Park, 297 A.D.2d 653).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.