Cruz v. New York City Transit Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered April 13, 2004, granting defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, the motion denied and the complaint reinstated.

Plaintiff allegedly sustained injuries when she tripped and fell over a raised corner of sidewalk near a metal grating owned by defendant Transit Authority. She claims that the defective sidewalk condition was within 12 inches of the grating. Defendant concedes that it maintains the grating but not the abutting sidewalk…