Opinion
2002-01970
Argued June 16, 2003.
September 15, 2003.
In an action to recover damages for personal injuries, etc., the defendants Mark Passalacqua and the New York City Transit Authority appeal from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated January 11, 2002, as granted the plaintiffs' motion for summary judgment against them on the issue of liability.
Wallace D. Gossett, Brooklyn, N.Y. (Steve S. Efron [Ren e L. Cyr] of counsel), for appellants.
O'Leary, McMahon Spero, Staten Island, N.Y. (Laurel A. Wedinger of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., ROBERT W. SCHMIDT, STEPHEN G. CRANE, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.
Contrary to the determination of the Supreme Court, the admissible proof adduced in the motion papers showed the existence of a triable factual issue as to whether the defendants Mark Passalacqua and the New York City Transit Authority were in any way liable for the happening of the accident which injured the plaintiff Renetta Allen. Accordingly, the motion should have been denied ( see Kuci v. Manhattan and Bronx Surface Tr. Operating Auth., 88 N.Y.2d 923, 924; Sing-Lam Ng v. Beatty, 300 A.D.2d 648; Barath v. Marron, 255 A.D.2d 280, 281; Varsi v. Stoll, 161 A.D.2d 590, 591; see generally Alvarez v. Prospect Hosp., 68 N.Y.2d 320).
FLORIO, J.P., SCHMIDT, CRANE and COZIER, JJ., concur.