Appellate Division of the Supreme Court of the State of New York April 12, 2012 (Flynn v. City of New York)

Order, Supreme Court, Bronx County (John A. Barone, J.), entered July 14, 2011, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to deny the motion as to the common-law negligence causes of action as against all defendants and as to the cause of action under 42 USC § 1983 as against defendant Corrections Officer Stephen Barr, and