Davis v. New York City Transit Authority

In an action to recover damages for personal injuries, the defendants City of New York, “John Doe,” and “Richard Roe” appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated January 4, 2008, as denied that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them without prejudice to renewal after discovery and granted the plaintiffs cross motion for leave to serve a second amended complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs,…