Opinion
June 9, 1997
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that under the circumstances of this case, the plaintiff's submissions created issues of fact for a jury to determine (see, Jackson v. United Parcel Serv., 204 A.D.2d 605; Morsellino v. Frankel, 161 A.D.2d 748).
Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.