Opinion
Argued May 16, 2000
August 15, 2000.
In related actions to recover damages for personal injuries, Firebird Construction Corp., and Bi-County Construction Corp. and Firebird Construction Corp., a Joint Venture, defendants in Action Nos. 1 and 2, separately appeal from so much of an order of the Supreme Court, Suffolk County (Oliver, J.), dated June 11, 1999, as denied their respective motions for summary judgment dismissing the complaints and all cross claims in Action Nos. 1 and 2 insofar as asserted against them.
O'Connor, O'Connor, Hintz Deveney, LLP, Garden City, N Y (Eugene O. Morenus of counsel), for appellant Firebird Construction Corp. in Action Nos. 1 and 2.
Ronan, McDonnell Kehoe, Melville, N.Y. (Kathleen M. Watson of counsel), for appellant Bi-County Construction Corp. and Firebird Construction Corp., a Joint Venture, in Action Nos. 1 and 2.
Siben Siben, LLP, Bay Shore, N.Y. (Alan G. Faber of counsel), for plaintiff-respondent in Action No. 1.
Maloof, Lebowitz, Connahan Oleske, New York, N.Y. (Richard E. Weber of counsel), for defendants-respondents Sharon Harrison and Peter Wroblecki in Action No. 2.
Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
At their examinations before trial, Sharon Harrison, the plaintiff in Action No. 1 and a defendant in Action No. 2, and Thomas Smalling, a defendant in Action No. 1 and a plaintiff in Action No. 2, testified that they were not confused when driving through the construction zone where they collided head-on (see, Derdiarian v. Felix Contr., 51 N.Y.2d 308). This testimony raises triable issues of fact, and summary judgment cannot be granted at this juncture (see, Stoehr v. Levere, 183 A.D.2d 886).
The parties' remaining contentions are without merit.