Garcia v. New York City Transit Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered March 3, 2006, which, in an action for personal injuries sustained in a fall on stairs leading up to an above-ground subway station, granted defendant Transit Authority’s motion for summary judgment dismissing the complaint, and denied plaintiff’s cross motion to strike defendant’s answer for noncompliance with its disclosure obligations, unanimously modified, on the law, to deny defendant’s motion for summary judgment, and otherwise affirmed, without costs.

Elaintiff’s complaint and General Municipal Law § 50-h testimony…