Opinion
September 14, 1993
Appeal from the Supreme Court, New York County (Edward Greenfield, J.).
Since there are numerous unresolved material issues of fact concerning whether defendant Construction Corp. was negligent and whether said negligence was the proximate cause of the plane accident and the decedent's death, summary judgment was properly denied (see, Andre v Pomeroy, 35 N.Y.2d 361, 364-365). Among other issues, plaintiff's expert averred, upon a review of all the evidence, that defendant Construction Corp. was negligent in allowing the maintenance facility which it selected to continue to release the subject airplane for service, knowing or having reason to know that the maintenance facility was incompetent.
Concur — Milonas, J.P., Rosenberger, Rubin and Nardelli, JJ.