Opinion
2002-04096
Submitted March 27, 2003.
April 21, 2003.
In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated March 19, 2002, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
Wallace D. Gosset, Brooklyn, N.Y. (Lawrence Heisler of counsel), for appellant.
Mirman, Markovits Landau, P.C., New York, N.Y. for plaintiff-respondent.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Ellen Ravitch of counsel), for defendant-respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
There are issues of fact requiring the denial of summary judgment.
FLORIO, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.