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COLON v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY

35 A.D.3d 515 (2006)

825 N.Y.S.2d 754

CARLOS J. COLON, Plaintiff, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Defendants. (And a Third-Party Action.) (Action No. 1.) NEWTON O. BRANCH, Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. CITY OF NEW YORK, Third-Party Defendant-Respondent. (And a Second Third-Party Action.) (Action No. 2.)

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

Decided December 12, 2006.

Ordered that the judgment is reversed insofar as appealed from, on the law and as an exercise of discretion, with costs, that branch of the motion of the City of New York which was for summary judgment dismissing the third-party complaint and all cross claims insofar as asserted against it in action No. 2 is denied, without prejudice to renewal upon completion of discovery, the order dated October 27, 2004 is modified accordingly, and the matter is remitted to the Supreme...

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