Karczewicz v. New York City Transit Authority

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about August 22, 1996, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted, but not for the reason stated by the motion court. The court’s grant of summary judgment, on the ground that defendant was not responsible for the criminal acts of a third person, was erroneous since, at a minimum, an issue of fact exists as to whether the object that struck and injured plaintiff was propelled from the subway…