Santos v. Equitable Life Assurance Society of United States

—Order, Supreme Court, New York County (Carol Arber, J.), entered February 21, 1995, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment, unanimously affirmed, with costs.

In an action for personal injuries allegedly sustained when plaintiff fell while cleaning a moving escalator in the course of his employment, triable issues of fact preclude summary judgment, including whether appellant security guard service was responsible for and had control over starting and stopping the escalator at the time of the accident. If so, an issue of fact exists as to…