Opinion
2003-03085.
Decided April 19, 2004.
In an action, inter alia, to recover damages for personal injuries and wrongful death, the defendant appeals from so much of an order of the Supreme Court, Queens County (Schmidt, J.), entered January 6, 2003, as denied its motion for summary judgment dismissing the complaint.
Amabile Erman, P.C., Staten Island, N.Y. (Stephanie M. Berger and Marc Falcone of counsel), for appellant.
Bruce G. Clark Associates, P.C., New York, N.Y. (Andrew M. Rosner of counsel; Steven Biolsi on the brief), for respondents.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
There are triable issues of fact requiring the denial of summary judgment.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.