Opinion
April 20, 1998
Appeal from the Supreme Court, Suffolk County (Oshrin, J.)
Ordered that the order is affirmed insofar as appealed from, with costs.
There exist triable issues of fact as to whether the appellant negligently performed its duties to repair and service the electronic filing system involved in this case, and whether such negligence contributed to the plaintiff's injuries ( see, Palka v. Servicemaster Mgt. Servs. Corp., 83 N.Y.2d 579; Vermette v. Kenworth Truck Co., 68 N.Y.2d 714; Molloy v. Li, 235 A.D.2d 342; Powles v. Wean United Corp., 126 A.D.2d 624; Sles v. Heidelberg E., 78 A.D.2d 521; Howell v. Bennett Buick, 52 A.D.2d 590).
Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.