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ALLEN v. PASSALACQUA

308 A.D.2d 466 (2003)

764 N.Y.S.2d 642

RENETTA ALLEN et al., Respondents, v. MARK PASSALACQUA et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided September 15, 2003.

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...

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