Opinion
Argued March 24, 2000
August 15, 2000.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated May 12, 1999, which denied its motion for summary judgment dismissing the complaint.
Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Garden City, N.Y. (Kathleen D. Foley of counsel), for appellant.
Rosenberg Gluck, LLP, Holtsville, N.Y. (Michael V. Buffa of counsel), for respondent.
Before: WILLIAM C. THOMPSON, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion for summary judgment. The defendant failed to demonstrate its entitlement to judgment as a matter of law (see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851; Gill v. J.S. Rose Enterprises, Inc., 272 A.D.2d 573 [2d Dept., May 30, 2000]).