Opinion
5049
April 29, 2003.
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered October 17, 2000, which denied defendant-appellant's motion for summary judgment dismissing the complaint as against her, unanimously affirmed, without costs.
Herman Schmertz, for plaintiff-respondent.
Mary Pat Burke, for defendant-appellant.
Before: Nardelli, J.P., Tom, Mazzarelli, Ellerin, Lerner, JJ.
The record presents sufficient issues of fact to warrant denial of summary judgment.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.