Opinion
March 14, 1994
Appeal from the Supreme Court, Kings County (Bernstein, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
We agree with the Supreme Court that an award of summary judgment in favor of any of the appellants would be inappropriate on this record. Indeed, there are some conflicts between the documentary evidence and the deposition testimony submitted by the appellants, and the appellants have failed to demonstrate as a matter of law that they were not responsible for the performance of construction work in the area of the roadway where the plaintiff's accident occurred (see generally, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851). Accordingly, the motions for summary judgment were properly denied. Sullivan, J.P., Joy, Friedmann and Goldstein, JJ., concur.