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McBRYDE v. CITY OF NEW YORK

2009-08457

76 A.D.3d 672 (2010)

906 N.Y.S.2d 510

ROY L. McBRYDE, Respondent, v. CITY OF NEW YORK, Respondent, and NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

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

Decided August 24, 2010.

Ordered that the order is affirmed, with costs to the plaintiff.

Contrary to the appellant's contention, the Supreme Court properly denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, with leave to renew after the completion of discovery, since discovery is warranted on the issue of whether it owned or maintained the sidewalk grating where the accident occurred (see Campbell v City of New York,

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