Summary judgment was properly granted, but not for the reason stated by the motion court. The court's grant of summary judgment, on the ground that defendant was not responsible for the criminal acts of a third person, was erroneous since, at a minimum, an issue of fact exists as to whether the object that struck and injured plaintiff was propelled from the subway tracks as a train passed by, rather than being thrown by a person (see, Zuckerman v City of New York...
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