Herrera v. New York City Transit Authority

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about September 17, 1998, which, to the extent appealed from as limited by the briefs, granted the cross-motion of defendants for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the complaint reinstated.

The facts as presented in the submissions on the motion for summary judgment indicated that on December 10, 1996, at approximately 3:10 p.m., plaintiff double parked his delivery truck on the right side of Second Avenue near 74th Street in front of the Pomodori…