Matican v. City of New York

*827In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kerrigan, J.), dated October 19, 2010, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendants’ motion which were for summary judgment dismissing the first and second causes of action, and substituting therefor a provision denying those branches of the defendants’ motion; as so modified, the order is affirmed, with…