Delio v. City of New York

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Jacobson, J.), dated June 2, 2003, as denied that branch of his motion which was for summary judgment on the issue of liability on the cause of action to recover damages for common-law negligence and granted that branch of the defendants’ cross motion which was for summary judgment dismissing that cause of action.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cause of action to recover…