Ingram v. City of New York

Order, Supreme Court, New York County (Faviola A. Soto, J.), entered January 6, 2005, which, to the extent appealed from, granted the motion of defendant Empire City Subway Company (ECS) for summary judgment and dismissal of the complaint as against it, unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated as to ECS, and the matter remanded for further proceedings.

The record shows that a triable issue of material fact exists as *215to whether defendant ECS caused the roadway depression near the south curb of Spruce Street, a one-block, east-west thoroughfare…