Torres v. New York City Transit Authority

Order, Supreme Court, New York County (Robert Lippmann, J.), entered March 22, 2002, which, to the extent appealed from as limited by plaintiffs’ brief, granted defendants’ motion for summary judgment dismissing the complaint as against defendant Dimazine Newsstand, Inc., unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated and the matter remanded for further proceedings before a different Justice.

The eight-year-old plaintiffs throat was cut when he reached for a candy bar at a subway newsstand, owned and operated by defendant pursuant to a license with…