Allen v. Passalacqua

—In an action to recover damages for personal injuries, etc., the defendants Mark Passalacqua and the New York City Transit Authority appeal from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated January 11, 2002, as granted the plaintiffs’ motion for summary judgment against them on the issue of liability.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

*467Contrary to the determination of the Supreme Court, the admissible proof adduced in the motion papers showed the existence of a triable factual issue as…