Opinion
May 27, 1994
Appeal from the Supreme Court, Nassua County, Collins, J.
Present — Green, J.P., Balio, Fallon, Doerr and Boehm, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court did not abuse its discretion in granting plaintiffs' motion to renew and, upon renewal, considering the affidavits submitted by plaintiffs (see, Saferstein v. Stark, 171 A.D.2d 856; Weisse v. Kamhi, 129 A.D.2d 698). Because a fact issue existed, however, regarding the independent physical and emotional injuries sustained by plaintiff Anna Carlstrand as a result of the alleged negligence of defendants, Supreme Court properly permitted the third and fourth causes of action to stand, to the extent that they sought to recover for her physical injuries. The court erred, however, in granting partial summary judgment dismissing those portions of those causes of action arising out of her emotional injuries (see, Buzniak v. County of Westchester, 156 A.D.2d 631, 632; Johnson v. Verrilli, 139 A.D.2d 497).