| Marchi v Empire City Subway |
| 2004 NY Slip Op 06725 [10 AD3d 566] |
| September 28, 2004 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Lillian Marchi, Respondent, v Empire City Subway et al., Appellants, et al., Defendant. |
—[*1]
Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered May 30, 2003, which, to the extent appealed from, denied defendants-appellants' motion for summary judgment, unanimously affirmed, without costs.
Triable issues exist as to whether plaintiff's slip and fall was caused by an improperly maintained manhole cover. Defendants' assertion that only snow and ice could have caused plaintiff's injuries was supported by little more than surmise and conjecture (Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Concur—Tom, J.P., Sullivan, Williams, Friedman and Marlow, JJ.