Appellate Division of the Supreme Court of the State of New York October 21, 2004 (Morban v. Nunez)

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about May 16, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, and denied plaintiffs motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, defendant’s motion denied, plaintiffs complaint reinstated, plaintiffs motion for partial