Opinion
February 20, 1996
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that there are factual issues concerning the injured plaintiff's comparative negligence which preclude summary judgment (see, Thoma v. Ronai, 189 A.D.2d 635, affd 82 N.Y.2d 736; see also, Vehicle and Traffic Law § 1152 [a]). Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.