Lynch v. City of New York

*348Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered January 14, 2004, which, to the extent appealed from, granted the motion of defendants City of New York and L.A. Wenger Contracting Co. for summary judgment dismissing plaintiffs’ second cause of action, unanimously reversed, on the law, without costs, defendants’ motion denied and the second cause of action reinstated.

Plaintiff, a fire marshal for the City, was allegedly injured when he tripped and fell at the Bronx fire station where he was assigned as a fire inspector during renovation of that facility. The duties of…