Hartford Insurance v. City of New York

*520In a subrogation action, the defendants, City of New York and City of New York Department of Sanitation, appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated April 6, 2005, as denied their cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

Gordon Lumbra was employed by Don Stevens Tire Co. in Connecticut to collect used tires from a Brooklyn garage owned by the defendant City of New York Department of Sanitation. He fell from a loading dock in the…