Lossino v. New York City Transit Authority

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Schmidt, J.), dated February 23, 1998, which granted the defendant’s motion, inter alia, for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

On August 13, 1996, the plaintiff Pietro Lossino allegedly was injured in a fall outside a building owned by the defendant New York City Transit Authority. The defendant rejected the *384plaintiffs’ notice of claim as…