Kenny v. New York City Transit Authority

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered August 10, 1999, which granted defendants’ motions to amend their answers to assert the affirmative defense of collateral estoppel, and which granted summary judgment in their favor dismissing the complaint, unanimously reversed, on the law, without costs, defendants’ motions to amend and for summary judgment denied, and the complaint reinstated.

The motion court erroneously relied on the non-binding rec*640ommendation of the Police Pension Fund’s Medical. Board in granting defendants summary judgment based on their collateral…