Izhak v New York City Tr. Auth. (2003 NY Slip Op 19180)

Izhak v New York City Tr. Auth.

2003 NY Slip Op 19180 [2 AD3d 407]

December 1, 2003

Appellate Division, Second Department

As corrected through

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 25, 2004

Irina Izhak et al., Respondents,
v
New York City Transit Authority, Appellant.

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated July 16, 2002, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, there are triable issues of fact requiring the denial of summary judgment. Smith, J.P., Crane, Mastro and Rivera, JJ., concur.