| Tung Wa Ma v New York City Tr. Auth. |
| 2011 NY Slip Op 07414 [88 AD3d 871] |
| October 18, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Tung Wa Ma, an Incapacitated Person, by His Guardian, James Ma,
et al., Respondents, v New York City Transit Authority et al., Appellants, and David I. Cho et al., Respondents, et al., Defendants. |
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Jonathan D'Agostino & Associates, P.C., Staten Island, N.Y. (Glen Devora of counsel), for
plaintiffs-respondents.
In an action to recover damages for personal injuries, etc., the defendants New York City Transit Authority, New York City Metropolitan Transportation Authority, MTA Bus Company, and Ernie Lamboy appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Cullen, J.), entered August 25, 2010, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the motion of the defendants New York City Transit Authority, New York City Metropolitan Transportation Authority, MTA Bus Company, and Ernie Lamboy (hereinafter collectively the appellants) for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, as the appellants failed to establish their prima facie entitlement to judgment as a matter of law. The appellants failed to establish that they were free from negligence as a matter of law (see Pollack v Margolin, 84 AD3d 1341, 1342 [2011]; Lopez v Reyes-Flores, 52 AD3d 785, 786 [2008]). Rivera, J.P., Florio, Austin and Sgroi, JJ., concur.