Opinion
June 12, 1989
Appeal from the Supreme Court, Nassau County (Morrison, J.).
Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiff.
The record reveals material triable issues with regard to the operation of the defendant McNerney's vehicle, and with regard to the circumstances preceding and occurring at the time of the accident, so as to preclude the granting of summary judgment to that defendant. Kooper, J.P., Spatt, Harwood and Rosenblatt, JJ., concur.