Opinion
Submitted February 7, 2001.
March 5, 2001.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated April 20, 2000, which denied its motion for summary judgment dismissing the complaint.
Furey, Kerley, Walsh, Matera Cinquemani, P.C., Mineola, N Y (Laura B. Bristol of counsel), for appellant.
Finz Finz, P.C., Jericho, N.Y. (Jay L. Feigenbaum of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court that a triable issue of fact exists (see, CPLR 3212[b]) as to whether the accident occurred at the appellant's premises.