Opinion
May 5, 1997
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court improvidently granted the defendant's motion for summary judgment inasmuch as the defendant failed to establish its entitlement to judgment as a matter of law ( see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557; see also, Negri v. Stop Shop, 65 N.Y.2d 625; Salino v. IPT Trucking, 203 A.D.2d 352).
Mangano, P.J., Pizzuto, Krausman and Luciano, JJ., concur.