Sabella v. City of New York

In an action to recover damages for personal injuries, the defendants New York City Transit Authority and Luis Gonzalez appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated October *71310, 2007, as denied that branch of their cross motion which was for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the appellants’ cross motion which was for summary judgment dismissing the complaint insofar as asserted…