Tolbert v. New York City Transit Authority

—Order, Supreme Court, New York County (Louis York, J.), entered on or about January 8, 1998, which denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The motion was properly denied on the ground that triable issues of fact exist bearing upon whether defendants breached their duty to provide plaintiff with a safe place to alight, including whether defendants knew or should have known of the street pothole that allegedly caused plaintiff to trip and fall (see, Blye v Manhattan & Bronx Surface Tr. Operating…