Opinion
Argued March 2, 2001.
April 16, 2001.
In an action to recover damages for personal injuries and wrongful death, the defendants appeal from an order of the Supreme Court, Queens County (Price, J.), dated May 15, 2000, which denied their motion for summary judgment dismissing the complaint.
Before: WILLIAM D. FRIEDMANN, J.P., ANITA R. FLORIO, LEO F. McGINITY DANIEL F. LUCIANO, JJ.
Fishman Tynan, Merrick, N.Y. (John Fishman and Maureen Tynan of counsel), for appellants.
Barry M. Goldstein, Kew Gardens, N.Y., for respondent.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
There are issues of fact requiring the denial of the defendants' motion for summary judgment. Under the circumstances of this case, we need not decide at this time whether the Noseworthy doctrine applies (see, Noseworthy v. City of New York, 298 N.Y. 76).
FRIEDMANN, J.P., FLORIO, McGINITY and LUCIANO, JJ., concur.