Diaz v. City of New York

*300Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered on or about May 9, 2005, which granted the motion of defendants New York City Transit Authority (NYCTA) and Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) to dismiss the complaint and all cross claims against them for failure to state a cause of action and for summary judgment, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated. Appeal from order, same court and Justice, entered August 31, 2005, which granted plaintiff’s motion for renewal and reargument, but…