Pierre v. New York City Transit Authority

*318Amended order, Supreme Court, New York County (Robert D. Lippmann, J.), entered May 17, 2004, which, to the extent appealed from as limited by the brief, granted so much of third-party defendant Citnalta Construction Corp.’s summary judgment motion as sought dismissal of the third-party complaint, but denied defendant Transit Authority’s cross motion for summary judgment dismissing the complaint, unanimously modified, on the law, Citnalta’s motion with respect to the third-party complaint denied, and the third-party complaint reinstated, and otherwise affirmed, without costs.

Plaintiff was…