Allison D. v. New York City Transit Authority

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered November 26, 2012, which denied third-party defendants’ motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

Defendant Washington, the driver of the bus that hit the concrete barrier that ultimately struck the infant plaintiff, testified that the barrier was situated in such a manner that it protruded beyond the closed lane of traffic into a travel lane. Such testimony presents a triable issue of fact as to whether third-party defendants Turner Construction Company and…